WHAT IS A MARITAL SEPARATION AGREEMENT?
A marital separation agreement is also known as a property settlement agreement (“PSA”). Rather than taking a case to trial, the marital separation agreement is a contract between the two parties that identifies how property will be divided as well as all issues related to alimony, custody and child support.
DO I NEED TO SIGN A MARITAL SEPARATION AGREEMENT?
While trial is an alternative to a marital separation agreement, in our experience, over 90% of couples end divorce with a marital separation agreement. We know that disagreements can become costly and time-consuming. As your attorney, we will work with you to develop lasting, tailored solutions that can be detailed in a marital separation agreement.
DO I NEED AN ATTORNEY?
A marital separation agreement is a contract between you and your former spouse. It is your financial future. It is important to know your rights and work with an attorney who can clearly articulate your best interests and who knows the law. Rather than push your dispute through the trial process, you can work with an attorney who can protect your rights and clearly identify your obligations in a marital separation agreement.
AT WHAT POINT CAN I SIGN A MARITAL SEPARATION AGREEMENT?
At any time during the divorce, a marital separation agreement can be drawn to hasten the process, reduce time and expense of court, and help parties negotiate issues that arise during divorce.
DO I STILL NEED TO GO TO COURT?
Once you have a signed agreement, you can get an uncontested divorce. If there is one issue you don’t agree on, you can resolve all issues except for the one issue and go to trial on that issue. Very often, parties will resolve all issues through agreement and take alimony or a complex property issue to court.
WHAT ARE THE BENEFITS TO A MARITAL SEPARATION AGREEMENT?
A marital separation agreement empowers you to write your own divorce decree, rather than having a judge tell you what to do. The separation agreement is incorporated into the divorce decree and clearly details your rights and obligations as you and your spouse have agreed.
Take the time on your own to learn about legal matters in Virginia. This should never be used as a substitute for the advice of experienced counsel; this education empowers you and can help frame your discussions with your attorney.
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