Matthew Smith is a senior family lawyer in the Fairfax office of Livesay & Myers.
He is the attorney in the firm most experienced in navigating the Fairfax County, Arlington and Alexandria family courts. Smith has litigated every type of family law case in the courts of Northern Virginia, including high value equitable distribution cases, custody, support, and military divorce cases.
The significance of committing adultery also varies from state to state.Virginia caselaw provides for a number of different indicia of a legal separation.One of the brightest lines is the entry into a “separation agreement,” signed by both parties, which unequivocally states that they separated on a certain date with no intention to reconcile.But why is it important, and how can you ensure that you’ve done it correctly?A separation date may be crucial to your divorce case for a number of reasons.
Dating while separated va
In other words, the sooner you can establish a date of separation, the more quickly you can turn the page on your marriage and the various entanglements that result therefrom.So what constitutes a defensible date of separation?Alternatively, if one party vacates the marital home and informs her spouse of her intention to seek a divorce, this will also do the trick.However, oftentimes, to benefit the children or out of economic necessity, separating parties will elect to remain under the same roof at first.Some states, such as New Jersey, call this a divorce from bed and board.
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However, spouses are still legally married when they separate by this method. Adultery requires that sexual contact exists between a married individual and someone other than his spouse.
This can affect issues of property distribution and alimony.
However, some states, such as North Carolina, make a legal distinction between dating during separation and dating while living together as man and wife.
One spouse must file a petition with the court and a judge decides issues of property, support and custody, much as he would in a divorce.
At the end of the litigation, the court issues a decree of legal separation.