Separation often serves as the first step toward divorce for many couples in Virginia. While this time apart can help you adjust to independent living and begin planning for your post-divorce life, certain actions during separation can significantly weaken your legal position when divorce proceedings begin. Understanding what to avoid during this transitional period allows you to protect your interests and potentially can lead to a more favorable outcome.
Don’t Move Out Without Legal Advice
Before packing your bags and leaving the marital home, consult an attorney. Moving out prematurely can affect several critical aspects of your divorce. For example, leaving the home might influence how the court views your claim to the marital residence during property division. You might also find yourself paying for two households if you’re still responsible for expenses at the marital home after you have moved.
Furthermore, if you are a parent, courts often favor maintaining stability for children. As such, the spouse who remains in the family home may be favored in custody arrangements.
Even if tensions run high, developing a formal separation agreement before anyone relocates can help establish clear expectations and protect your rights.
Avoid Financial Missteps
Financial decisions made during separation can have lasting consequences. For instance, continuing to use joint accounts without documentation can create confusion about who spent what, potentially leading to accusations of dissipating marital assets.
Opening new credit cards or taking on substantial debt can also complicate the financial picture when it’s time to divide assets and liabilities.
To avoid these pitfalls, consider creating a written agreement about how expenses will be handled during separation. Be sure to maintain detailed records of all financial transactions.
Stay Away From Social Media Venting
You might not realize that what you post online can become evidence in your divorce case, but it can. For example,
- Posting disparaging remarks about your spouse can demonstrate hostility that might affect custody determinations.
- Showing off new purchases or vacations can contradict claims about financial need or inability to pay support.
- Photos or comments suggesting new romantic interests can complicate proceedings, especially in Virginia, where adultery is grounds for an at-fault divorce.
Remember that even “private” posts can be screenshot and shared with your spouse’s attorney. When in doubt, keep your thoughts offline until your divorce concludes.
Think Carefully Before Dating During Separation
While legal separation means you’re living apart from your spouse, dating during this time can create complications. In addition to the fault considerations of adultery, introducing children to new partners during separation can factor into custody determinations.
Moreover, dating effectively closes the door on potential reconciliation, which some couples achieve during separation.
If you choose to date, discuss the potential legal ramifications with your attorney first to understand how it might affect your specific situation.
Maintain Positive Co-Parenting Relations
How you interact with your spouse regarding children during separation often sets the tone for post-divorce parenting. Hostile communications can be presented as evidence in custody proceedings, as can excluding your spouse from important decisions about the children’s welfare. Furthermore, failing to follow agreed-upon parenting time schedules might suggest an inability to co-parent effectively.
Be sure to document all parenting arrangements and communications to demonstrate your commitment to putting your children’s needs first.
Contact an Experienced Virginia Family Law Attorney
Separation is a critical time that can significantly influence the outcome of your eventual divorce. The decisions you make during this period will likely affect property division, determinations of spousal support, and custody arrangements.
At Surovell Isaacs & Levy PLC, our experienced family law attorneys can guide you through this challenging transition and help you avoid the common pitfalls that can weaken your case. Call us today or contact us online for a confidential consultation.
Posted in: Family Law