Divorce law covers the legal requirements necessary to dissolve a marriage, such as residency requirements and waiting periods, legal separation agreements, child custody disputes, property division and alimony payments.
Divorce involves the division of all assets and debts acquired during a marriage. Courts divide marital property equitably, taking into account each spouse’s ability to earn income as well as their prior standard of living before separating.
Legal separation
Many spouses opt to separate while remaining legally married to protect religious, financial or social interests. A legal separation involves formal court proceedings wherein a judge issues legal orders on topics similar to divorce such as property division and debt repayment as well as parenting arrangements and child support obligations.
Legal separation requires sufficient evidence that their marriage has broken down irretrievably, such as domestic abuse or mental illness. Spouses may request an a mensa et thoro separation instead, which involves similar measures without court proceedings.
Some states allow legal separation to be converted to divorce if all requirements of the state have been fulfilled. This can be beneficial to couples unsure of whether they want to end their marriage but still require resolution of outstanding issues such as property/debt division, custody and support payments.
Separation agreement
A separation agreement is a legal contract that sets forth the terms of a couple’s separation. It may address various matters such as custody, visitation rights, child support payments, post-separation support payments and division of assets and debt. Furthermore, it may reference prenuptial agreements.
Separation agreements can be created using various techniques, including mediation, negotiation (with or without attorneys), collaborative law and mediation. When children or assets are involved, however, it’s best to have an attorney draft your agreement to ensure its legal bindingness and enforceability.
Though a separation agreement can reduce or even eliminate the need for court hearings, it does not constitute a divorce decree. Instead, it must be reviewed and approved by a judge; otherwise it becomes null and void. A well-drafted separation agreement should include provisions which protect your interests under Virginia law.
Alimony
Alimony (spousal support in some countries) is a court-ordered payment made after a divorce to provide financial support for one spouse who may have lower or no income; its amount usually depends on differences in earning power between partners; it can either be awarded temporarily or permanently.
Legal representation from an experienced firm is vital if you hope to secure an appropriate alimony arrangement. A judge’s decision will depend on several factors, such as: length of marriage; ability and need of spouse to work; prior employment history/current income status of both partners involved and more.
Even though many associate alimony payments with women from breadwinning husbands, divorce laws have evolved so as to be gender neutral and provide support to either former spouse. Sometimes a court will order lump-sum alimony payments; these tend to be permanent while periodic payments can be modified or discontinued as circumstances change significantly in future.
Property division
Property division can be an emotionally and financially devastating experience for divorcing couples, and their settlement agreements must protect both parties’ interests to ensure equitable distribution of assets and debts. Although some couples can negotiate their own property settlement agreements outside court, others need the assistance of legal professionals in order to protect their own best interests and receive their share.
Step one in property division involves identifying which assets are marital and which ones separate. This may involve considering certain items as separate property – inheritances or gifts made prior to marriage as examples – while also looking at any items acquired during marriage that might fall under New York state law as potential separate properties.
According to state laws, when it comes to divorcing assets some judges take into account fault while others focus on financial considerations instead. For instance, depending on state law a judge might grant one spouse more ownership of their marital home to compensate them for contributing financially during the marriage.