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Separation Agreement Lawyer in Fairfax
Understanding Your Legal Rights in a Separation
No marriage is perfect. Sometimes couples experience marital issues which do not always lead to divorce but may result in a temporary or permanent separation. . In most cases, you will have to remain separated (sometimes under the same roof) to wait out a separation period, and during this separation period, you may need to formalize the terms of your separation, including custody, visitation, and financial terms. Most often, all couples anticipating divorce are separated before formalizing their divorce.
Technically, Virginia does not recognize a legal separation, so be aware that anything you do during a separation may be used against you in the divorce, so for example, if you are dating, your spouse may use your dating, under specific circumstances, as proof of adultery. A “divorce from bed and board” or a “a mensa et thoro” divorce is a type of qualified divorce when you can petition the court to grant you a limited divorce, similar to a legal separation, except that you cannot remarry, and to qualify for this type of divorce, you need to prove fault-based grounds for the divorce. This makes the divorce from bed and board a fairly rare option, and typically, most people pursue this option for religious reasons or to maintain certain benefits.
Typically, in Virginia, to obtain a divorce on no-fault grounds, you will need to live separate and apart for some period, and the period depends upon the specific grounds for divorce that you pursue, but again, this isn’t a legal separation, it’s just the necessary requirement before filing or before a court can grant you a divorce. In these cases, separation may be the answer. To obtain a divorce in Virginia, generally, you will have to remain physically separated for a certain time period, and one of you will need to have the intent that the marriage is over, and a corroborating adult witness, other than your spouse, must be able to confirm that there was no reconciliation, along with confirming you are a Virginia resident. Although you can sometimes live separate and apart under the same roof, very strict conditions must be met to demonstrate the legitimacy of that separation period. At Keithley Law, PLLC, we are committed to helping you protect your interests and get your marriage where it needs to be, since these issues can be extremely confusing and complex
A separation agreement, usually called a “marital settlement agreement” or “property settlement agreement” can also be extremely useful for several other reasons:
- You can resolve all of the necessary issues now without having to litigate them in court before a judge will grant you a divorce. For example, before you can obtain a divorce decree, you will need to fully divide all of your assets and debts. You can also decide child custody and visitation issues without having to spend a lot of time, energy, and money on litigation fees to do this in court. You can also resolve spousal support and child support without litigation.
- Some issues can’t be decided in court, like college tuition and supporting adult children.
- You can also shorten the mandatory living separate and apart for at least a year if you and your spouse have no minor children.
- A separation agreement may allow you to save money on filing for fault-based divorce, by agreeing to file only on no-fault grounds (where you don’t have to prove or allege fault to obtain a divorce), and further, it allows you to obtain a no-fault divorce as an uncontested divorce because there are no remaining contested issues, since you and your spouse have fully divided debts and assets, resolved custody, support, and visitation, and any other issues that are important to you have been decided or waived by agreement.
To find out more about how we can safeguard your rights, give us a call at (703) 454-5147.
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See What Our Clients Have to Say
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“If I could extend a rating beyond the maximum of 5 stars, I would gladly do so. Following my initial consultation with Ms. Soo, I engaged the legal services of Ms. Dawn, both of whom exhibit a remarkable depth of expertise within the realm of family law. Over the past year, their collective commitment to securing a fair and equitable custody agreement has endowed me with a profound understanding of Virginia's custody laws.- Jamius V.
Ms. Dawn has consistently demonstrated unwavering dedication to my case, ensuring seamless guidance from its inception to its resolution. Her responsiveness to my legal inquiries has been exceptional, often addressing them with remarkable promptness. Simultaneously, Ms. Soo has remained well-versed in the particulars of my case, delivering unparalleled representation within the courtroom.
I wish to extend my heartfelt gratitude for facilitating a safe and harmonious environment for my daughter. While it is customary for negotiations to leave parties with varying degrees of satisfaction, I firmly believe that the outcome achieved could not have been more favorable. Thank you immensely for your invaluable assistance!” -
“Thank you so much for sharing your information on the internet. I have been with the same man for 35 years - high school sweethearts. I have tried so hard for so long, and slowly over the past year and a half, I was doing what your site recommends - taking time during the silence to read, journal, reflect and work on myself. THEN I found your page "Narcissism, Stonewalling, & Ghosting". THANK YOU so much for sharing the details you've gleaned over your career and compiling them in such a clear, concise manner! This page describes my relationship to a T! Your site pulls together all the signs, and symptoms I have been slowly connecting, but with your help, I now have a better description of the personality I'm married to.”- Anonymous
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“- Former Client
Gentle pacing when needed. Patience and excellent listening skills have really been a saving grace.
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“- Former Client
Dawn and Soo are great attorneys who give you support, empathy, prompt advice with experience and knowledge. Customer service from the office is also superb. Thank you so much for your kindness and wonderful guidance through difficult times.
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“- Former Client
I am very happy that Mr. Thompson took the time to hear my "elevator pitch" and chronology about what my issues were without interruption or tangential questions. He further demonstrated that he is very detail-oriented and made some very good points I hadn't considered with my case.
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“- Former Client
I felt the attorney had useful knowledge of the Virginia Landlord tenant law. He was able to help me decide which path might be the best to take, given many clear options. Thanks!
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“- Former Client
Soo Keithley and Dawn Rogan-Titus were an inspiration to me as they helped direct me through the divorce procedure. They both knew how to handle a controversial divorce and guided me in the process of what to expect. Divorce is a very emotional time for anyone and to know that your lawyer will do anything to help you is refreshing. They were always honest and upfront with my questions even if the answer was not what I wanted to hear. Their legal team worked well together and complemented each other. All were very professional yet very friendly where this can be a very hard mix to find in lawyers this firm had an impressive dynamic. Thank you to Soo, Dawn, and your team for helping me through this excruciating time in my life.
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The attorney was frank and gave me helpful advice.
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“- Hope G.
I just met with Henry Thompson II, who helped me think through my complex and highly emotional family law case. He gave me helpful advice and took the time to answer my questions as well. When the consultation appointment ended, I felt like I had a good sense of how to proceed, both practically and as far as my mindset. Thank you very much! My case is one that shows that it's better to retain legal counsel early in the process rather than waiting year after year to pass.
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Why Choose Keithley Law, PLLC?
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We Are Prompt & Responsive
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We Listen to Your Concerns
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We Are Transparent & Honest
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We Find Creative Solutions