Dating while legally separated military
Proving the date of separation is a factual determination, so the courts will need some sort of evidence to corroborate the date of separation.
See Establishing Date Of Separation In A Virginia Divorce.
Many attorneys prefer to start in circuit court to avoid duplication of efforts and increased costs to their clients.
Finally, and most importantly, Virginia couples who want to separate and begin working towards divorce always have the option of negotiating a separation agreement.
Domestic relations laws are state specific, therefore each state has a different procedure for legal separation.
It is always best to consult with a local attorney before you begin the separation and divorce process to understand your rights in the state in which you live.
However, Virginia juvenile and domestic relations district courts (“J&DR courts”) can also issue orders related to spousal and child support, custody, and visitation.
By entering into a separation agreement, Virginia residents can thus achieve something very similar to the sort of “legal separation” that is granted by other states.
When fault grounds exist, but neither party wishes to divorce, Virginia does have a statute that enables the court to order support and rule on custody and visitation matters—which is called “separate maintenance.” Under this statute, the courts have the same authority as in divorce matters to decide spousal and child support, and to make final orders on custody and visitation, but cannot divide the property of the parties.
If property is an issue in your case, separate maintenance is not the most effective way to go.
However, there are many steps you can take to protect yourself, your children, and your assets as you separate from your spouse and move towards divorce.
Legal separation is defined by Black’s Law Dictionary as “the term that applies to a court sanctioned agreement for a husband and wife that details their obligations while living apart.” Some states allow couples to petition the courts for a status of legal separation, regardless of what is causing the breakdown of the marriage.