Living Separate & Apart - Virginia Divorce

CHANGE IN LAW: A WITNESS IS NO LONGER REQUIRED TO VERIFY THAT YOU HAVE BEEN LIVING SEPARATE AND APART. In July 2020, Virginia got rid of this requirement. You are no longer required to provide a witness (usually by affidavit, and not in person) to verify that you and your spouse have been living separate and apart. This makes things easier for divorcing couples.
To get divorced in Virginia, you must live “separate and apart” for 12 months or more (6 months if you have no minor children). In this video I list the court’s criteria for living separate and apart while you are under the same roof. Virginia does not make the rules clear; but this video will help you determine whether you can check most of the boxes that the courts are looking for. Many divorcing couples cannot check all of the boxes, but they still manage to get divorced all the time in Virginia.
Another important takeaway from this video is that people contemplating or planning a divorce are much better off focusing on their settlement. Not their divorce. The settlement agreement divides and distributes all assets and debts, determines all matters of child custody, and sets the child and spousal support/alimony amounts. Your signed settlement agreement is enforceable in a court of law. It rules. Though your legal divorce has a strong emotional component, it does not change the terms of your settlement.
Twitter: @GraineMediation
Pinterest: @RobinGraine
Should I Get a Divorce Quiz?: www.grainemediation.com/shoul...
Helpful Blogs:
Living Separate and Apart Requirements: www.grainemediation.com/2019/...
How Long do You Have to Separated in Virginia?: www.grainemediation.com/2020/...
What is a Property Settlement Agreement in VA Divorce?: www.grainemediation.com/2018/...

Пікірлер: 23

  • @mrluckybreak
    @mrluckybreak2 жыл бұрын

    These are great videos. Very factual, professional and direct. All mixed with just the right personal element. Even though I've been divorced for years, I learn something new each time I watch one of Robin's videos. I wish my lawyer had been as smart as Robin.

  • @GraineMediation

    @GraineMediation

    2 жыл бұрын

    Thank you, mrluckybreak. Always good to know that my work is valued by my viewers and that I am able to help.

  • @karimgomez6933
    @karimgomez6933 Жыл бұрын

    Thank you. Even though I’m not in Va. but going through divorce your videos are helping me to be more prepared regarding things and questions to ask my lawyer. By the way I didn’t do my husband’s laundry and cleaning only my side of the bedroom, vacuum only half too. 🤫

  • @robin-personal2039

    @robin-personal2039

    Жыл бұрын

    Glad my videos are helpful. I have never heard of the "half-clean" method. Pretty clever! Good luck to you.

  • @karimgomez6933

    @karimgomez6933

    Жыл бұрын

    @@robin-personal2039 Thank you

  • @lyn_ybañez
    @lyn_ybañez2 жыл бұрын

    What if you are married online,,then you dont meet yet,,,then we want to file a divorce?is it possible to grant our divorce easier?i am from the Philippines and my husband is there in Virginia?

  • @jcott1981
    @jcott19813 жыл бұрын

    This video is very informative. My soon to be ex and I are doing an uncontested divorce. We did our separation paperwork through an attorney I found. The paperwork list all debts and property stuff and who gets what. Also handles the retirement and spousal support stuff. The only issue we have is the living under the same roof part. My ex is working to find her own place but due to the pandemic and cost of living she is not able to immediately move. This is fine by me, I want her to have the best foot moving forward in life. We both have done everything that you have suggested in the video. The only thing is the letter of intent. Can that be something I could write today and send over to my attorney? I have a letter from her, but it contains more information than just the initial intent. My second question is why would an attorney want to skip doing affidavits and move to scheduling an actual hearing with live witnesses? In your experience with no contested divorces and living under the same roof, have you seen a huge pushback from the courts to the extent it requires more than just submitting the paperwork for consideration? Thank you for this video and hopefully you can answer my question and it may help others out.

  • @GraineMediation

    @GraineMediation

    3 жыл бұрын

    I'm glad that you found this video helpful. Since you are represented by an attorney, the best person to answer your questions is usually that same attorney. He or she will know all of the facts and details of your case. Generally, however, Virginia is a strange state when it comes to divorce and separation requirements. Different attorney's have different ideas about what is the best way to meet and prove Virginia's separation requirements.

  • @jcott1981

    @jcott1981

    3 жыл бұрын

    @@GraineMediation Thank you for replying. I was talking to my attorney and turns out the issue might be with the judge being known to be sort of extreme by the book in a sense of literal interpretations of the law language concerning "separate and apart". Evidently physically address difference is the key for this county judge. So we are going to petition to have a hearing with him to explain the financial situation and the steps we took to live as separate as possible under the same roof. I have witnesses that will come in to testify etc. Is this common in your experience with some judges being ok with under the same roof and others being not ok with that?

  • @GraineMediation

    @GraineMediation

    3 жыл бұрын

    @@jcott1981 The law is a mess. Judges have wide latitude when interpreting "living separate and apart". I have never had a case rejected by a judge -- in my 12 years mediating divorce settlement in Northern Virginia -- due to the parties establishing all or a portion of their mandatory separation time while under the same roof. I warn my clients, however, that this is always a possibility.

  • @djalexdaagreat
    @djalexdaagreat2 жыл бұрын

    Can I sue for defaulting on a mortgage loan??? She got custody of the kids and left me with the house and not paying anymore

  • @rgraine1196

    @rgraine1196

    2 жыл бұрын

    If you have a settlement agreement, or a divorce decree, you need to look at that first to see if you have a cause of action for a lawsuit. In other words, you need to check on what each of you are responsible for. If there is no separation agreement or divorce decree, and your name is on the mortgage, you are responsible for making sure that mortgage gets paid. The mortgage company does not care whether the payments come from you, her, or any other source. They just want their money. If you want your ex to have some responsibiity for the mortgage payments, you need a contract (a settlement agreement) that says that or a divorce decree that orders her to contribute to those payments.

  • @jordanxereas6678
    @jordanxereas66783 жыл бұрын

    One question that I can't possibly find anywhere is, yes my husband and I have been separated -- living NOT under the same roof....are we able to begin the paperwork (signing it, getting it notarized, etc.) before the 6 months is up? I know there's a separation and property agreement paper that needs to be signed by both of us and notarized. We will hit that official mark of 6 months (uncontested, no children), in April. But could we begin the paperwork, now? To get ahead, and do we actually need to sign that separation agreement now instead of in April?? I can't find this info anywhere online and it's very confusing!! Your videos are wonderful and have already been helpful!!

  • @rgraine1196

    @rgraine1196

    3 жыл бұрын

    Hi Jordan. It is very confusing in Virginia. You are not the only one with this type of confusion. Here is how it works in Virginia: You and your spouse can get all of your divorce matters settled and written up in a settlement agreement, that you sign and have notarized once that document is complete. You can do that once you have decide that you want to get divorced. Settling your divorce matters is not the same as getting divorced. You can settle before you have met your six months (12 if you have minor children) of living separate and apart that is required to get divorced. Once you sign your settlement agreement, you and your spouse will then live by the terms of that settlement agreement -- which is contract -- until your case is permitted to filed in the court for divorce (that 6 or 12 months of living separate and apart). Once you have met that time period, you or your spouse will need to take your signed and notarized settlement agreement to a lawyer. That lawyer will then pull all necessary information from that settlement agreement and draw up all of your other divorce documents necessary for the court. At that time, all of the terms of your settlement agreement (the contract) will also become part of your divorce decree

  • @jordanxereas6678

    @jordanxereas6678

    3 жыл бұрын

    @@rgraine1196 THANK YOU! Thank you soo much for writing me back with this info! It's super confusing!! So I did get the paperwork set up through a website that generated it for us. One of the documents I got that we need to fill out and get notarized is called the "Property Settlement and Separation Agreement"....is that the paperwork you're saying we can sign and get notarized right now before the 6 months is up?

  • @jordanxereas6678

    @jordanxereas6678

    3 жыл бұрын

    And again, I'm assuming, the rest of the papers I got, we cannot begin or get notarized before the 6 months? I read that if we filled them out prior to that 6 months, it could do something crazy like make the case invalid

  • @rgraine1196

    @rgraine1196

    3 жыл бұрын

    @@jordanxereas6678 The Property Settlement and Separation Agreement is the contract, between the spouses, that determines all matters related to child custody, child support, spousal support (alimony), and the division and distribution of assets and debts. At my firm, the spouses' agreed date of separation is also included as part of that settlement agreement. That settlement agreement can be drafted and signed prior to the spouses meeting their 12/6 months required period of living separate and apart. From the time of signing that settlement agreement, until the date of divorce, that settlement agreement will act as a contract (which is enforceable in a court of law). Upon divorce, all matters covered in that settlement agreement also become a court order (part of your Final Order of Divorce, aka Divorce Decree). I strongly encourage that you hire a divorce professional to help you through the settlement and divorce. Though it is not rocket science, it is plenty complicated and people screw up their settlement and divorces all the time. I know. I deal with those cases. It is much harder to unwind problems down the road, then to get things right the first time. I wish you luck and a better life single than you had when you were married. That is the goal!

  • @anitabeamon-freeman8526
    @anitabeamon-freeman8526 Жыл бұрын

    This was very good. My husband just send me a final decree and I never knew anything. He made me believe we were working on things. He lied that he didn't know where I was. I am his sponsor for his green card there are several issues that I have with him lying. He was cheating and that is why we had an issue. I don't know what to do as he wants my retirement. I never had a say in this settlement. What do I do.

  • @GraineMediation

    @GraineMediation

    11 ай бұрын

    There are nothing in your comment that any sense to me. You need to hire an attorney immediately to get a handle on what is actually going on in your case.

  • @Simmonsgladys
    @Simmonsgladys2 жыл бұрын

    I need you as my lawyer, I’m in VA

  • @rgraine1196

    @rgraine1196

    2 жыл бұрын

    Thanks for the vote of confidence. I don't practice law anymore. I mediate. I am happy to mediate your settlement.

  • @rajusarkarsarkar258
    @rajusarkarsarkar2582 жыл бұрын

    I want an American divorce girl I will marry