Virginia Legal Separation Lawyer
DO WE NEED A LAWYER IN FREDERICKSBURG VA FOR LEGAL SEPARATION?
Legal separation is majorly misinterpreted to be the lawful parting of a couple when in reality it is just the initial procedure for acquiring an official divorce. A legal separation lawyer Fredericksburg VA would describe this initial process as a requirement that should be mandatorily satisfied by the splitting spouses for the successful processing of the annulment petition. Legal separation is a period during which the divorce-seeking marital partners are expected to live apart. The attorneys at the Law Offices of SRIS, P.C. are acquainted with the fact that living apart does necessarily not demand any kind of paperwork, unlike other court processes.
Legal Separation Lawyer in Virginia
Therefore, a legal separation lawyer Fredericksburg VA is required to look into two elements for processing the lawful separation of a couple. The elements include:
- Physical break-up: The partners are expected to stay apart during the entire designated period. In several cases, annulment-seeking spouses are prohibited from sharing the same roof during the entire period of living apart. However, living apart in-house can also become applicable in certain scenarios.
- Motive: One of the spouses should mandatorily possess intentions to live apart from the other.
A legal separation lawyer Fredericksburg VA will not require the acceptance of both the matrimonial parties to process a divorce petition. In a simpler context, a couple need not mutually agree to terminate the marriage. A divorce can be processed and approved even when one of the parties does not desire the same. A valid ground for divorce, as stated by just the plaintiff spouse, is all that is required for the legitimization of the marriage dissolution.
A legal separation lawyer Fredericksburg VA is bound to experience numerous challenges while proving the requirement of living apart during the official hearing of the divorce case. A divorce petition is approved for consideration only when the couple satisfies the requirement of living apart, before the commencement of the other court procedures. A legal separation lawyer Fredericksburg VA validates the completion of this requirement by using various means or provisions. Testimonies from witnesses are crucial in these circumstances.
A legal separation lawyer Fredericksburg VA brings in witnesses to testify the fact that the couple has been living apart for the required period with no breaks or discontinuities. The witnesses, who are brought in by a legal separation lawyer Fredericksburg VA, are necessarily expected to be familiar with the behavior of the marital partners. The period of split-up can be six months or even more depending on the requirements of the circumstances considered. A legal separation lawyer Fredericksburg VA recommends this statutory requirement to the spouses, who opt for a no-fault annulment.
In-house separation
Living apart does not necessarily instigate the couple to live under different roofs for the entire period in all cases. Several couples opt for in-house split-ups. A legal separation lawyer Fredericksburg VA is sure to be aware of the concept of living apart in-house. In an in-house split-up, the couple is permitted to share the same roof, provided all necessary practices are adopted.
A legal separation lawyer Fredericksburg VA recommends this mode of parting during the following circumstances:
- When both the spouses deem to be financially incompetent to afford individual housing.
- When the marital parties consider living together right for the benefit and welfare of their children.
- Other crucial circumstances.
The structure of in-house separation as explained by a lawyer in Fredericksburg VA
A legal separation lawyer Fredericksburg VA is entitled to validate the fact that the spouses no longer wish to be a married couple for various personal reasons. Thus, in an in-house split-up, the spouses are expected to live like mere roommates and nothing more. A lawyer Fredericksburg VA advises the separation-desiring spouse to live in a room that is different from the defendant spouse. Individual rooms are a must in these scenarios. A legal separation lawyer Fredericksburg VA instructs the plaintiff to withdraw from being in a romantic relationship with the defendant. The couple is requested to avoid engaging in a sexual relationship as well. A lawyer Fredericksburg VA advises the annulment-desiring client to avoid making public appearances as a couple with the defendant.
In several cases, a legal separation lawyer Fredericksburg VA recommends the couple to adopt the following code of conduct throughout the in-house separation:
- Avoid having meals as a couple.
- Avoid tending to the expenses of each other.
- Avoid cleaning the personal spaces of each other.
- Avoid sharing rooms.
- Practice keeping a fair distance from each other.
- Minimize socializing with each other.
A lawyer Fredericksburg VA advises the couple to make the in-house separation evident to neighbors, familial acquaintances, and friends. This helps the legal separation lawyer Fredericksburg VA in gathering witnesses for testifying the practiced in-house separation.
The witnesses, who are brought in by a legal separation lawyer Fredericksburg VA, are expected to fulfill the following conditions.
- The witnesses should have either lived with the couple or frequently visited the residence of the couple.
- The witnesses are obligated to ensure that the observed living patterns of the living apart spouses do not involve romance or resemble any matrimonial environment.
Consider visiting a legal separation lawyer Fredericksburg VA to acquire clarifications on the modes of living apart that stand applicable and desirable for the prevalent circumstances. If one of the spouses violates the terms of living apart, the hired legal separation lawyer Fredericksburg VA requests for the issuance of a ‘Rule to Show Cause’ and accuses the violator of disregarding or breaching the enforced separation agreement.
A legal separation lawyer Fredericksburg VA instructs the divorce-seeking client to avoid entering into any romantic relationship with an extra-marital third party. Dating during separation can easily be interpreted as adultery or an extra-marital affair. Adultery generally means sex between two parties. But in a divorce, adultery is conceived as any form of sexual engagement with an extra-marital party. Consult an experienced legal separation lawyer Fredericksburg VA at the Law Offices of SRIS, P.C. while deciding whether it is right or desirable to enter into a new relationship before the approval of the annulment decree.