Though it may be tempting to pick up what you believe are your belongings and leave, if you are having difficulties in your marriage, pause for a moment to consider the consequences of your actions. As long as it is a safe environment, in Virginia, if you leave your house and never come back, you can be accused of desertion or abandonment if your marriage ends up in divorce. Legally, it is prudent to protect yourself with an agreement that provides for a legal separation. In order to have a legal separation, both you and your spouse must sign a separation agreement. Your separation agreement may contain specifics for your separation and divorce, but it should also acknowledge your separation. In order to obtain a separation agreement or a legal separation, it is best to have an attorney draft the agreement. In order for it to be enforceable, both you and your spouse must sign the separation agreement; these agreements should be notarized. Protecting yourself by getting a legal separation may save you time, energy and money in the long run by preventing issues such as fault grounds from cropping up. A legal separation sets the foundation for your divorce and is a very important step.
With over 40 years of experience in family law, Jonathan Murdoch-Kitt can provide expert guidance as you navigate the process of legal separation and/or divorce. Call today for more information.