Divorce means the dissolution of a marriage in its entirety. It implies that after the divorce one can remarry. On the contrary, the separation is only the suspension of a marital relationship, and it means that one cannot return to remarry in a state of separation since the marriage link is officially active, says a divorce lawyer Fairfax Virginia.
A “de facto separation” can be given, without the need for a Judge to make the separation official. Of course, this does not affect in any way the economic regime of the marriage. The separation, in fact, is an act by which it is declared that both parties of the marital relationship no longer live in the same domicile, and this act must be freely consented by the two spouses. According to an experienced divorce lawyer Fairfax Virginia, separation is not a process through which the divorce passes. Instead, it is just another type of remedy, and it is not always necessary to separate and only then file for divorce.
The separation can be requested in the Courts of First Instance in charge of the area where the marriage coexists. You must always remember that in order to carry out this kind of judicial proceedings seamlessly, it is necessary to be represented by a well-versed family lawyer (consult with a bar association). If it is a separation by mutual agreement, then only one representative will be necessary, who will defend the separation of both spouses. As in divorce, there are two ways of separation: separation by mutual agreement, and contentious separation.
How is the matrimonial separation handled by mutual agreement?
The separation of mutual agreement can be processed with the demand of the two parties in the Courts, or with the request of one of the parties when the party demanding separation has lawfully obtained the consent of the other spouse, says a skilled divorce lawyer Fairfax Virginia. As in the divorce, it is necessary to provide a regulatory agreement which will determine the conditions of separation, taking into account the matters related to guardianship and guardianship of minor children, visitation regime, spousal support (if needed), and other essential elements that courts may consider vital for your specific case of separation. This type of process does not require a trial; only the demand of both spouses and their acceptance and confirmation (signature) are enough to make it happen.
How is Contentious Separation?
In the first place, separation is demanded by one of the parties who would present the documents, such as the marriage certificate, birth certificates of the children or records to prove the economic situation of the marital relationship. According to an experienced divorce lawyer Fairfax Virginia, once sued by one party and answered by the other, the Judge holds a “hearing” or trial to make an assessment of the defenses for both spouses.
In this “View” as well as the resolution of divorces, the Judge will take into account the testimony of the children, especially those over twelve years of age, and will also finally determine the conditions of the regulatory agreement.