Confused!

What is the name of your state?What is the name of your state? Virginia

My husband and I wish to file for a "no-fault" divorce. We have been married 1.5 years and share no property, debt or children. We've been informed that if we get a "separation agreement" we can then file for divorce in 6 months...otherwise if we file for a divorce w/out the separation agreement it will take one year for the divorce to become final. Is this correct?

Please explain the process of "separation agreement". Do we need a lawyer for that? How, exactly, does this process work?

We have not lived together since May 13, 2005. Must we file 05 federal/state income tax as "married but separate" or can we file "married"?

Thank you!

Marsha

Marshad said:

What is the name of your state?What is the name of your state? Virginia

My husband and I wish to file for a "no-fault" divorce. We have been married 1.5 years and share no property, debt or children. We've been informed that if we get a "separation agreement" we can then file for divorce in 6 months...otherwise if we file for a divorce w/out the separation agreement it will take one year for the divorce to become final. Is this correct?

Please explain the process of "separation agreement". Do we need a lawyer for that? How, exactly, does this process work?

We have not lived together since May 13, 2005. Must we file 05 federal/state income tax as "married but separate" or can we file "married"?

Thank you!

Marsha

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Actually, since you will not have resided together for the last 6 months of the calendar year, you can be considered as unmarried for tax purposes.

I went through this in Va

Marshad said:

What is the name of your state?What is the name of your state? Virginia

My husband and I wish to file for a "no-fault" divorce. We have been married 1.5 years and share no property, debt or children. We've been informed that if we get a "separation agreement" we can then file for divorce in 6 months...otherwise if we file for a divorce w/out the separation agreement it will take one year for the divorce to become final. Is this correct?

Please explain the process of "separation agreement". Do we need a lawyer for that? How, exactly, does this process work?

We have not lived together since May 13, 2005. Must we file 05 federal/state income tax as "married but separate" or can we file "married"?

Thank you!

Marsha

Click to expand...

There is really no such thing in Virginia as a separation agreement, this told to me by my attorney. You both have to agree that you have not resided together as husband and wife since you split up. Living together can be also viewed as slept together. If you split up on X date and two weeks later had sexual contact, the date goes from after that incounter.

Marshad said:

Virginia
My husband and I wish to file for a "no-fault" divorce. We have been married 1.5 years and share no property, debt or children. We've been informed that if we get a "separation agreement" we can then file for divorce in 6 months...otherwise if we file for a divorce w/out the separation agreement it will take one year for the divorce to become final. Is this correct?
Please explain the process of "separation agreement". Do we need a lawyer for that? How, exactly, does this process work?

Click to expand...

Virginia code states, "In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months."

So, it sounds like you do have to have one if you file under the 'separated for 6 months' grounds. A Separation Agreement is also known as a Property Settlement Agreement, because it deals with the property distribution. In your case, it may just state that there is no martial property or debt. If you are handling the divorce yourself (which would make you braver than me ), I imagine you could find a form on the Internet for a fee. Also, if you visit the library, you may be able to find copies of a 'sample' one that you can use.

If you are handling the divorce yourself, here’s a link about the process that you might find helpful:

http://www.co.prince-william.va.us/docLibrary/PDF/001036.pdf

My disclaimer--I AM NOT AN ATTORNEY

WTG PTY. I even found the site you posted helpful ! Thankies
I also found this info on : http://www.vsb.org/publications/brochure/divorce.html

a. Separation divorce—the “No Fault” divorce

While grounds for divorce traditionally implied misconduct by one or the other spouse, modern divorce laws do not require “fault” grounds for a divorce to be granted.

A “no fault” divorce from the bond of matrimony may be awarded upon a showing that for more than one year the husband and wife both intended to and have continuously lived separate and apart without any cohabitation.

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If the husband and wife have entered into a Property Settlement or Separation Agreement and there are no minor children, the time period is reduced from one year to six months.

Although separation provides a “faultless” ground for divorce, fault may still be an issue when spousal support (alimony) is being sought. Further, a judge is free to award a divorce on fault grounds even though “no fault” separation grounds exist.

It does say here without any cohabitation. My attorney made record to that we shared the same house for finacial reasons for the 6 months prior to him moving out, but that we had separate bedrooms. So, I would definitely find out how it is in your area. I went into my papers to see what exactly my attorney had stated. We drew up an agreement, it was a simple statement that we had not had any marital relations since the decision to separate From May 2nd 2000. It was not on any legal form, just a sheet of typing paper, and we had it notarized at our bank. When we filed in the courthouse, this was entered into record.
If the 2 of you are willing to sit down and make agreements together, It isn't to complicated. The shortcut here can give you some more insight.

7. What are the Court Procedures?

Depending upon the practices in a given locality, evidence in a divorce case may be taken in the office of an attorney representing one of the parties, in the office of a commissioner appointed by the court to take the evidence, or in a courtroom before a judge. Controversies over custody, child support and spousal support are usually heard before a judge of a Circuit Court. In some cases, such as where no grounds for divorce yet exist, such matters may be heard in a Juvenile and Domestic Relations District Court, independent of the suit for divorce.

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Note it states in a given locality. Here is where I think the courthouse for your jurisdiction can give you some insight.
It also states where the evidence can be taken. It does NOT have to be with an Attorney. If you to agree upon all the facts, you have a wonderful chance to save some money on Attorneys fees and the children don't have to witness a messy divorce.
I hope this all helps. Good Luck and God Speed.