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15-Apr-2020 07:48

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The certified document, whether it be the agreement or the memorandum, is proof of the existence of a separation agreement and of the date it was filed.

Living separate and apart for a period is a prerequisite for most grounds for divorce in Virginia.

Make certain the separation agreement has been signed in front of a notary by both parties, and that the signatures are originals.

The copy of the agreement that is filed must be the original, or a copy with original signatures.

Put the certified copy of the filed separation agreement or memorandum of separation in a safe place.

If you live in a state that recognizes living apart under the terms of a separation agreement as a ground for filing for a divorce, the certified copy of the separation agreement or memorandum of agreement is a part of the paperwork filed with the court to commence the divorce action.

Generally, a separation agreement is the result of much discussion and negotiation surrounding divisions of assets and liabilities and any support, maintenance, custody or visitation issues.

If you are going through a divorce or separation, the sample separation agreement below will help you to start thinking about and preparing for these discussions and negotiations.

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The date of a couple's separation is determined differently for purposes of establishing the length of the marriage versus setting a beginning date for the obligation to pay spousal or child support.

The county recording office retains the original separation agreement or memorandum of separation that has been filed, but for a fee it will certify a copy as a duplicate of the original that is on file.