Separation, which differs from desertion, separates from your spouse, either at home or outside, while it still operates according to the rules and norms of marriage, such as. B the sharing of marital duties and obligations. As a general rule, a separation and the conditions of separation are discussed and agreed upon, while a desertion is rather a unilateral act of one party, so that the other party is responsible for all marital duties and duties. Most lawyers advise their clients never to undress from the marital residence without EPI. The reason is twofold: in the absence of a signed and notarized PSA which clearly states that neither party can file for divorce by default, the other party risks being divorced guilty because of desertion/abandonment. If the other party is required, it could technically influence a judge`s decision on the allocation of assets and debt. Although most judges in Northern Virginia do not apply much weight to such land, lawyers will present evidence of desertion and abandonment when sharing and distributing property, because the law requires it. They really have no choice, because of the abuses, but they will be the ones who will have to pay dearly for the emotional burden and financial emigration for this ill-drafted law. In a „fair distribution state” such as Virginia, all property acquired during the marriage is „marital property” and all property is in marital (i.e. both your spouse and spouse) and non-marital property (meaning that the property is yours or your spouse`s). I generalize the following rules, which categorize the property as „marital property” or „non-marital property”: 1.

If the asset or liability was acquired after the date you were married, it is assumed that it is a marital property or debt. The date on which the parties agree that they have begun to live „separately and separately” (which may or may not be the date on which one of the parties left the marital home); CONSIDERING that together we want to resolve all matters relating to our marital affairs, child custody and visitation, personal property and real estate and our finances; As soon as the parties sign an EPI, they have entered into a binding contract that is not renegotiated at the time of the divorce. The main agreements and relevant sections of the EPI are included in the final divorce settlement (also known as the Divorce Decree). The signed and notarized PPE is filed with the court, along with all other documents required for divorce. Essentially, parties who have a signed PPE during their separation period work under a contract; Once the same parties are divorced, they work under both a contract and a court decision (the final divorce decision). The difficulty of terminating separation agreements in Virginia was returned home by a series of Court of Appeal decisions.