Separation Agreements & Annulments

Separation Agreements


Separation Agreements are agreements that constitute a negotiated contract between the parties relating to all issues in the case such as custody, visitation, child support, spousal support, division of all assets including retirement accounts, thrift plans and stock options, and anything else that constitutes marital property. There must first be an understanding by the client as to what marital property is. Marital property generally is that property which is acquired during the marriage. There is a complicating factor sometimes in that property which was a party’s separate property, owned prior to the marriage, such as a house or a retirement account, can become part marital property if there were contributions made during the marriage which would then cause the separate property to become part separate and part marital property. Having an experienced attorney knowing how to look at the property and obtain the necessary documentation from the other party in order to prove your case in court is essential in a large property dispute.
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Annulment

The State of Virginia provides a remedy for a party who is eligible for an annulment. For instance, if you discovered that your spouse is still married to another at the time of your marriage, you may be eligible for an annulment which basically means that your marriage never existed.

There are numerous grounds in Virginia for an annulment as set forth in the Virginia Code. In many instances we have experienced that one party has attempted to take advantage of the other so as to gain access to a green card in order to permit them to work in the United States on fraudulent grounds. Sometimes, this can be used a ground of an annulment.

The complicating factor here is that if one of the parties is successful in attaining an annulment and there has already been a child conceived or born of the marriage, this can create complications and the issues of custody and visitation and child support will come up at that time and will have to be resolved.
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