What are the Advantages and Disadvantages of a Separation Agreement?

A Virginia Beach separation agreements attorney can help you review your marital situation and determine whether to work out a separation agreement or even use separation as grounds for divorce when divorce is your objective.

Under Virginia statute § 20-91, when you live separately with no co-habitation continuously for one year or for six months when you have children together, you can petition for divorce. Often during this time, couples form a separation agreement to deal with issues such as child custody, child support, spousal support, property division and financial and tax issues. The advantages of a separation agreement are that you can iron out any disagreements and avoid having to take matters to court. Litigation is costly and time-consuming. You also have time to experience living apart and decide whether this arrangement works better than cohabitation as a married couple. Neither party can re-marry unless you obtain a divorce, so the arrangement is not final. In some cases where couples adhere to certain religious practices, divorce violates their principles, whereas a separation agreement addresses the issues without actually having to divorce. For Social Security purposes, you can still meet time qualifications for a 10-year marriage through a separation agreement because you remain legally married. This arrangement may also allow you to have insurance advantages as a married couple. The main disadvantage is that you cannot legally begin an intimate relationship with another person or remarry unless you obtain a divorce.

By working with separation agreements lawyers in Virginia Beach, you can address the important issues involved with separation. 

Darrell M. Harding works with clients to devise favorable separation agreements and help them avoid expenses involved with litigation.

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Virginia Beach: 757-499-2600
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    5366 Virginia Beach Boulevard, AAA Building.
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    Virginia Beach, Virginia 23462

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    Chesapeake, Virginia 23320

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    Norfolk, Virginia 23518

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    Mr. Harding was professional and very competent in handling my case. He explained the benefits and risks of the court case. He was compassionate and forthcoming in his recommedations. Mr. Harding was very easy to work with and a trustwort...
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    Working with this lawyer really helped alot! Myself Haveing almost no understanding of law , he was able to explain everything I was going to have to do , and things he needed from me. Great value, didn't break my bank, everything was hand...
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    My son and I worked with Mr. Thomas Harding in a custody case. He was very informative and explained everything about the process and procedures of the case. We highly recommend him and have his number on speed dial if any other issues ma...
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    I hired Thomas Harding for my custody case regarding the custody of my daughter and throughout this whole experience he has been understanding with payment options as well has had nothing but five Star quality service. He has been thorough...
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  • 5.0/5.0

    Mr Thomas F. Harding is an Attorney that I admire and very knowledgeable, He started on my case in May of 2019 and still in progress and soon to be over, but when I first went to Mr Harding office I was so afraid to go forward with my divor...
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