Separation Attorneys in Northern Virginia

Northern Virginia Legal Separation Attorneys

For couples who are facing serious marital problems, but who are not yet prepared to file for a divorce, getting a separation is often a popular alternative. In order for a separation to be recognized under Virginia law, it must be one spouse’s intent that the separation is the first step toward getting a divorce.

Separation involves many of the same issues as a divorce, and it is important that you seek the advice of an experienced Virginia family law attorney who will work to ensure that your interests are protected from the start. At HALE BALL MURPHY, PLC, we help clients through all types of complex separation proceedings.

In addition to helping you through all of the traditional issues in separation, such as child support, alimony, custody and property division, our northern Virginia separation attorneys go a step beyond to address the less obvious concerns in an effort to ensure that your interests are fully protected. We work to ensure that a firm date of separation has been established, as this can become a critical component in quantifying the marital interests of both spouses later on.

What Constitutes a Separation in Virginia?

In order to get a separation, one spouse must break off cohabitation. In most cases, this means that one spouse moves out and they live separate lives with at least one of them asserting that the process toward getting a divorce has begun. There are times, however, that it is not practical for the spouses to maintain separate residences.

Virginia law recognizes “separation under the same roof” provided that all of the requirements of separation are met. In these cases, it is important that the couple avoid living in a way that could be interpreted as cohabitation. This can be especially important in situations where only one spouse is committed to pursuing the divorce. In order to be valid, “separation under the same roof” must be corroborated by a third party.

Our attorneys are familiar with the complex issues surrounding Virginia separation, and we will work with you to ensure that your rights are protected throughout the process.