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Hofheimer/Ferrebee P.C. - (757) 425-5200

Hofheimer/Ferrebee P.C.

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OFFICE LOCATIONS

  • Virginia Beach
  • Hofheimer/Ferrebee, P.C.
    1060 Laskin Road
    Suite 12B
    Virginia Beach, VA 23451
  • Phone: (757) 425-5200
  • Fax: (757) 425-6100
  • Get Directions
  • Newport News
  • Hofheimer/Ferrebee, P.C.
    11815 Fountain Way
    One City Center, Suite 300
    Newport News, VA 23606
  • Phone: 757-425-5200
  • Fax: 757-425-6100
  • Get Directions
  • Chesapeake
  • Hofheimer/Ferrebee, P.C.
    638 Independence Parkway, Suite 240
    Chesapeake, Virginia 23320
  • Phone: (757) 425-5200
  • Fax: (757) 425-6100
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Obtaining a Fair Marital Separation Agreement in Virginia (Part A)

If you are woman going through a divorce in Virginia, you are probably wondering how you can be sure you will be getting a fair settlement as you and your estranged spouse decide how to divide your marital property. Odds are you also do not want to spend tons of time going back and forth in litigation. A solution to both of these very valid concerns is to obtain a marital separation agreement, also known as a property settlement agreement.

What is a Marital Separation Agreement?

A marital separation agreement is a legal contract, signed by you and your husband that spells out agreed terms of property division, rights, alimony, and child custody (if children are involved).

With a property settlement agreement in Virginia, you may even specify whether or not the divorce will be on no-fault grounds. Without this agreement, these matters would be resolved in court in a far less timely manner.

Once your marital separation agreement is drafted, it must then be "affirmed, ratified, and incorporated but not merged" by the court upon your next court date. This allows the document to be used in later proceedings as an official contract. At this point, the contract becomes a part of the court order and is legally binding until such a time you and your husband decide to amend it. If you reconcile, any marital separation contract would become void.

How a Property Settlement Agreement is Beneficial

Do not let the words "legally binding" frighten you. There are many ways in which a marital separation agreement in Virginia could be extremely beneficial for you.

Below are just a few examples:

  • A property settlement agreement could save you time in the legal process
  • The agreement can help settle disputes early on
  • Property settlements can make a significant difference in spousal support and maintenance
  • Marital settlements can be extremely helpful with child support concerns
  • A marital property agreement may grant either party the right to sue in order to enforce the contract

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To order your free book-www.freedivorcebook.com
information on seminars-www.monthlydivorceseminars.com
info on collaborative divorce-www.virginiacollaborativelaw.com
information-estate planning for young families-www.generationslawfirm.com
information-family law and estate planning for the LGBT community-www.FamilyEqualityLawCenter.com





Charles R. Hofheimer
Charles R. Hofheimer
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