In the state of Virginia, a Separation Agreement is a legally binding contract that both parties have to sign. It is often called a Property Settlement Agreement. During divorces, these agreements resolve issues of past debt, ownership of property, and child custody. A Separation Agreement also provides a platform for declaring grounds for divorce. Separation agreements are enforced forever, unless the spouses reconcile, or change stipulations mutually. Child custody can be altered within such a contract by both parties mutually or the court. A no-fault divorce can be granted if the two parties within the Separation Agreement remain separated for 1 year or more, or 6 months if there are no minor children involved. All Separation Agreements should be created and written out by a lawyer, or reviewed by a lawyer before anything is signed on the contract. The difference of a Separation Agreement and an actual divorce is that if you and your spouse decide you want to reconcile your marriage, then the Separation Agreement is reversed and is no longer legally withstanding. This may be a better alternative for unsure couples rather than the permanency of dissolution of marriage as in the case of divorces. Be advised that reconciling during a Separation Agreement ruins any basis you may have had for a divorce on grounds of separation, or desertion being a reason for divorce.
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