- Key Takeaways
- What is a Separation Agreement or Parenting Plan in Virginia, and When Do We Need One?
- In Virginia, is Child Custody Set By a Parenting Plan if the Divorce Isn’t Finalized?
- Are Protective Orders Always Put in Place During the Separation Stage?
- Why Clients Choose Randall, McClenney, Daniels & Dunn, PC
- Separation Can Be an Isolating Experience, but it Doesn’t Have to Be
- Frequently Asked Questions
- Key Takeaways
- What is a Separation Agreement or Parenting Plan in Virginia, and When Do We Need One?
- In Virginia, is Child Custody Set By a Parenting Plan if the Divorce Isn’t Finalized?
- Are Protective Orders Always Put in Place During the Separation Stage?
- Why Clients Choose Randall, McClenney, Daniels & Dunn, PC
- Separation Can Be an Isolating Experience, but it Doesn’t Have to Be
- Frequently Asked Questions
Key Takeaways
- Virginia has no formal procedure for legal separation before getting divorced.
- A separation agreement can help spouses set guidelines and expectations while they are living apart.
- While a separation agreement is not a legal requirement, it can be useful should the couple decide to get divorced. Its provisions could set the groundwork for the Parenting Plan.
Separation from your spouse can be a very emotional time. Tensions may be high on both sides. Whether one parent is moving out or both are staying in the house during the divorce process, the children must remain the top priority. Creating a parenting plan is a challenge at any point in the divorce process.
Trying to figure out child custody arrangements on your own can seem overwhelming, but help is available. The divorce lawyers at Randall, McClenney, Daniels & Dunn, can help you come up with an initial parenting plan with your spouse that establishes custody during separation. Our legal team will also fight for your custody rights when it is time to make the divorce final.
What is a Separation Agreement or Parenting Plan in Virginia, and When Do We Need One?
In some states, family courts can grant “legal separation” as a formal status between staying married and getting divorced. The spouses are still married, but they live separate lives. Virginia courts do not grant formal “legal separation,” but married couples can live separately. A separation agreement is a signed document that advises both spouses on how the separation will work.
Differences Between a Separation Plan and a Parenting Plan
A separation plan addresses more issues and concerns than a parenting plan. In one sense, a parenting plan is part of a separation plan.
- The parenting plan deals with child custody arrangements, parenting time, visitation rights, decision-making for the child, and child support.
- The separation plan addresses living arrangements and other issues for everyone in your family.
Another important difference involves the duration of each type of plan.
- A separation plan might only be temporary. It lasts during the separation period. If the spouses reconcile, they will not need the separation agreement anymore. If they get divorced, their divorce decree will cover the same issues.
- A parenting plan is potentially permanent. It remains in effect during the separation and while the divorce is pending. It is also likely to end up in the final divorce decree.
Value of Making a Separation Agreement Even for a Temporary Separation
A separation agreement has benefits for all parties involved in the separation. Some of the key benefits include:
- It establishes boundaries and guidelines for the separation. If a dispute arises, the separation agreement can help the spouses move forward.
- It can address financial issues, such as taxes and insurance. Separated spouses are still legally married, which means they have some benefits that they would not have if they got divorced. The separation agreement can guide them in how to split these benefits.
- It provides important boundaries regarding marital property. The spouses can agree on who has access to certain assets.
- If the separated couple decides to get divorced, the separation agreement can be the first draft of their divorce settlement.
In Virginia, is Child Custody Set By a Parenting Plan if the Divorce Isn’t Finalized?
Custody and visitation are important pieces of a parenting plan and a separation agreement. Both documents should guide how to raise the child and promote their well-being until the divorce is final.
A couple can be fairly creative about child custody arrangements in their separation agreements. The most important factors are what is best for the child and what works for the parents. However, custody arrangements in a court order must follow requirements set by state law.
At the end of the divorce process, the court will sign a final divorce decree that includes provisions for custody of the child, visitation rights, and child support. The judge must conclude that the custody order is in the best interests of the child. The separation agreement can include all of these provisions to save time at the end of the divorce.
Will Joint Custody Be Awarded in the Separation Agreement?
Virginia identifies two types of custody rights:
- Legal custody: This refers to the decision-making rights over issues like the child’s medical care, education, and religious upbringing.
- Physical custody: This pertains to the physical possession of the child, including the right to decide where the child lives.
Parents can share joint custody, meaning they both have legal and physical custody rights. This is common in co-parenting situations.
In certain situations, a court may award sole custody to one parent. The other parent would likely be a non-custodial parent with visitation rights.
The parents can agree to a custody arrangement that works for them and the child in the separation agreement. If they include the same provisions in a settlement agreement, there is a good chance a judge will include them in the final divorce decree.
Are Protective Orders Always Put in Place During the Separation Stage?
If one spouse worries about their safety or the safety of the children, protective or restraining orders can be put in place while separated. This is not something automatic, though. A court will only consider a protective order at the request of one of the spouses or a law enforcement officer. This might occur if an officer suspects that domestic violence has occurred.
Why Clients Choose Randall, McClenney, Daniels & Dunn, PC
The legal team at Randall, McClenney, Daniels & Dunn, has over eight decades of combined experience in numerous areas of law, including advocating for parental rights and children’s best interests in child custody cases. Our firm is a Better Business Bureau Accredited Business, and our lawyers have received honors from Martindale-Hubbell and other legal organizations.
Testimonials
“Randall, McClenney, Daniels & Dunn are quick and responsive to your needs. They provide you with the tools you need and they take care of the rest. I highly recommend them.” — Annette B.
“I worked with Mr. Dunn. He was helpful and very diligent in his work. I would recommend him to anyone needing legal assistance.” — Dana D.
“Handled my issue in a very timely and professional manner, couldn’t be more satisfied with their work !!!!” — Jim B.
Separation Can Be an Isolating Experience, but it Doesn’t Have to Be
The family law attorneys at Randall, McClenney, Daniels & Dunn, PC provide compassionate legal representation and zealous advocacy for people dealing with child custody issues and disputes. Our law firm serves the Tidewater and Southside Virginia areas. Schedule a confidential consultation today by calling 757-742-6115 or using the firm’s online contact form.
Frequently Asked Questions
Virginia does not require separating couples to have separation agreements. Spouses might think they can handle everything verbally, which often leads to problems that could have been avoided by putting everything in writing.
Separation agreements address all of the issues that will arise in a divorce case, including child custody agreements and visitation schedules. Having everything on paper can save time, expense, and frustration.
A separation agreement is a contract. Under Virginia law, a contract remains in force unless:
- The parties agree to revoke it
- The contract states that certain events will terminate the contract, and one of those events has occurred
If a couple decides to get back together, their separation agreement is still legally valid unless it says that it will end if the parties reconcile. Otherwise, they must both agree in writing to terminate the separation agreement
Virginia law presumes that having access to both parents is in a child’s best interest. A parent has the right to see their children. A separation agreement may include a visitation or parenting time schedule, which helps parents to plan and communicate effectively about their children.
Separation agreements will typically keep the children in the family home, rather than having them go back and forth between parents. While this is common, it is not always the case.
Notarization is not required by law for a separation agreement, but it is a good idea. Notarized agreements hold up better in court, just in case it becomes necessary to go to court.
Written By Jack T. Randall
As lifelong resident of Western Tidewater, Jack Randall is a local attorney who wants the best results for his clients. He is an experienced and aggressive attorney with focus on family law, criminal and traffic law, as well as personal injury law cases.
