A separation agreement is a legally binding document where a husband and wife agree on issues such as spousal support, child support, child custody, and equitable division of assets. In an uncontested divorce, a separation agreement is attached to the complaint to let the judge know that the divorce is truly uncontested and can proceed on the faster docket.
- If you have no minor children, you can get an uncontested divorce after living separate and apart without cohabitation for six months, if you have a separation agreement.
- If there are children of the marriage, you must live separate and apart without cohabitation for one year to qualify for an uncontested divorce. A separation agreement is not required, but you must not have any contested issues which need to be litigated, such as spousal or child support, child custody or division of property. It is often helpful to have a separation agreement to show agreement on the issues.
Please call (757) 932-0464 for a free analysis of your case. We prepare quality separation agreements to memorialize your contract with your spouse and prevent unnecessary conflicts from arising in the future. We will match the separation agreement fee of any local Virginia Beach attorney.