Things do not always turn out the way we want. Love birds can become strangers, and brothers can become enemies. Be it fate or just wrong timing, and things can go wrong. But to sort out a few things, we need to follow certain legal ways to stay out of future trouble and unprecedented issues.
To file a divorce or go for separation in Virginia, both or one of the parties must have the same intention to split up. By signing the separation agreement, the couple can take the help of the court or the law. Once the case is started, they need to wait for at least six months or more that.
The difference between Legal Separation and Divorce:
There are some states where married couples can decide to live independently by getting a legal separation with the help of the court. The couples get the same rights and benefits, just like the official divorce.
For the couples in Virginia, who don’t want to live together any longer, divorce is the only option they have. There is no possibility of legal separation in Virginia. If the couple does not want to work on their marriage, they have to file a divorce.
Virginia does not follow the rule of legal separation like the other states and only believes in the concept of filing a divorce. The law also asks the couples to prove whether they live separately for a minimum of one year so that the judge can move forward with the whole divorce procedure.
Official divorces or Bed and Board Divorces:
Many people in Virginia follow the bed and board divorce as they don’t want to get involved in the divorce and the related problems. They rather prefer to stay financially separated and wait until the final judgment of getting a divorce.
In the easy words, getting a divorce as in bed and board means the couples remain officially married but do not stay together. People who don’t have the ground to claim for divorce can even ask for the separation maintenance as per the law of the legal separation in Virginia.
However, some couples seek an official divorce just to move on with their life or tie the knot with someone else. They choose absolute divorce to avoid any sort of allegation, physical or mental torture, and so on. After getting the divorce, they can remarry to someone else.
Separation Agreement and the related procedure:
The law of Virginia allows the judges to make modifications and give a proper decision about child custody. Both spouses can hire their personal attorney, or they can take the help of a mediator to draft their final agreement.
After getting the divorce, if someone shows interest in reconciling with his/her spouse, then they must notify the court to withdraw the agreement they had filed before. As per the law of Virginia, the court has to start over if anyone decides to file a divorce again after the reconciliation.
The court has to respect their opinion. The law can void the divorce file if it is mentioned in the agreement that the couple wants to be reunited and live together even after the reconciliation.
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