When a married couple separates, Virginia law allows one spouse to file a petition for a separate maintenance decree. This is not a petition filed during divorce proceedings but rather a motion for support that is filed prior to the divorce court process.
One spouse — especially one who may not be ready to file for divorce or is unable to do so — may see a separate maintenance decree as an attractive option to get support without a legal separation. Going this route will require the help of a skilled and experienced family law attorney, however.
Here’s everything you need to know about separate maintenance decrees in Virginia.
What is a Separate Maintenance Decree?
Unlike an uncontested divorce, a separate maintenance decree provides a way for one party to get support from the other during the marriage. This little know avenue for support provides a spouse the option to receive assistance without a separation agreement or legal separation like divorce.
A decree of separate maintenance requires proof that:
- The other spouse was at fault for the separation
- The spouse receiving aid was not at fault for the separation
- The spouses are not living together
- The spouses are still legally married
A decree of separate maintenance during the marriage will only award support from one spouse to the other. This will not provide for settling property disputes, such as who gets the car or the house. The decree simply provides for spousal support in the form of a monthly payment.
Historically, this option was provided for because a divorce was difficult to obtain. A legal separation is much easier today, so this is not used frequently but does still have a place in the family law process.
Who Might Need a Separate Maintenance Decree?
This separate maintenance does not dissolve the marriage and it is not a legal separation. What this does is help to settle the finances of the marriage. Support may be provided for:
- Spousal support
- Child custody
- Child support
Getting this spousal maintenance can be useful in several situations. These include:
- Religious concerns
- If a couple is unsure whether to file for divorce
- Insufficient grounds for divorce
Many people have a difficult time deciding whether divorce is the right step for their family. This is not an easy decision and it is certainly an emotional one. Utilizing this avenue for support can give the family a chance to see what life would be like outside of their existing relationship.
Certain religions also prohibit divorce. Proceeding with this type of maintenance case, devout couples have an option that allows them to respect their religion while also realizing the relationship has ended. The marriage remains intact but support is still provided to the spouse in need.
Step-by-Step Guide to Separate Maintenance Decrees
Many couples mistakenly believe divorce and other family law proceedings are simple to handle. This is generally not the case, and is also true of a maintenance case where the marriage remains intact.
To get a separate maintenance decree in Virginia, you have to show the other spouse is the cause of the end of your relationship. Fault can be caused by a spouse deserting the marriage or from physical harm. It’s important to remember that the party receiving the support cannot also be at fault for the relationship’s end.
When you realize your relationship is ending, you may first work with your partner to reach a separation agreement. Many times, this does not lead to any meaningful action. That’s when you and your lawyer file for separate maintenance.
There are several steps you and your lawyer must take:
- First, file a petition for separate maintenance alleging your spouse is at fault for the breakup of the relationship.
- Then, serve the petition on your spouse and provide them an opportunity to respond.
- If your partner does not respond to your petition, the court may enter a default in your favor.
- If your partner does respond to your petition, the court may require you to attend mediation in an attempt to reach a separation agreement.
- If you are able to reach an agreement at mediation, the judge will review the agreement and sign off on it, issuing a support order for your partner to pay you a monthly sum.
- If you are unable to reach a suitable separation agreement, your case may go before the judge where they will decide the outcome.
- Upon determination of all issues, the judge will issue a final decree, ending the court process.
There are many steps involved in getting a final decree. It can be a long and emotional process, but your lawyer is there to guide you through and help you reach a suitable outcome.
Get Advice from a Trusted Virginia Divorce Lawyer
Divorce and separation can wreak havoc on a family. It is an incredibly emotional time for everyone involved. That emotion can sometimes make it difficult for the parties to reach a successful outcome on their own, especially if one partner is at fault for the separation.
A few things to keep in mind:
- Working with the right lawyer can make a difference in your case.
- You deserve a trusted legal advisor at your side who has been down this road before.
- Not every lawyer understands the separate maintenance legal process, especially given that it is a seldom used legal avenue.
- That’s why the lawyer guiding you should have proven experience helping other clients just like you.
- Do not trust this process to just any attorney, but rather get help from a lawyer who understands this process and understands your needs.
- Your legal advisor can guide you through the complex process, dealing with the legal issues while you take care of yourself.
- By placing the stress of the family law process on the shoulders of your lawyer, you can gain some clarity about what comes next.
Getting a decree of separate maintenance can be time-consuming and nerve-wracking, so it’s important to explore all your options before pursuing one. Get the help you deserve with a trusted family law lawyer. Contact us today to speak with an experienced legal advisor who can help answer your questions and guide you to a suitable outcome.