Do I have to file separation papers in order to be legally separated?

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Do I have to file separation papers in order to be legally separated?

My husband and I have been seperated for 6 months.

Asked on September 27, 2011 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Each states laws differ on if in fact they recognize a legal separation - through the courts really .  Most states recognize the right of parties to enter in to a separation agreement to set a date certain for the time line of divorce  - when assets are no longer considered joint, to distribute joint assets via agreement - but to consider them selves married for certain other reasons (like health insurance).  It is my understanding that in Virginia you do not need a document or court order to be legally separated.  But Virginia  recognizes a separation agreement - which is as I said sometimes a property settlement agreement.  If you are separated here then you are separated.  But I would consider the agreement just for legalities as to property.  Good luck.


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