Can I erase my separation agreement?
Written by our divorce lawyers in Virginia Beach
Whether a divorce is filed due to adultery, cruelty, or some other ground, most cases end up resolving via separation agreement. A separation agreement is a document agreed to and signed by the husband and wife which sets out custody, visitation, and support. It also states who gets what pieces of property, retirement accounts, vehicles, etc. The separation agreement is then incorporated into a final decree of divorce and becomes an order of the court.
For more than a decade our divorce lawyers in Virginia Beach have helped families resolve complex divorce matters in Virginia Beach, Chesapeake, Norfolk, Portsmouth, and all of Hampton Roads. This includes drafting separation agreements that address all components of a divorce including custody, visitation, personal property, and support.
What many people do not realize is that a separation agreement is very difficult to “erase” or “undo.” To set aside a separation agreement, it must be proven by clear and convincing evidence that fraud occurred. This is a very difficult burden to meet and can cost tens of thousands of dollars to litigate. If you sign a separation agreement, you will likely have to live with the consequences.
Therefore, the best plan is to hire a good and experienced divorce lawyer to make sure the separation agreement reflects your wishes so you don’t have to try to “undo” it.
Furthermore, it is helpful to have a divorce lawyer explain each and every word to make sure it is understood exactly what the terms of the agreement mean.
If you are searching for experienced divorce lawyers with proven results, please call us at (757) 432-2500 or use our online form below.
Divorce lawyers in Virginia Beach serving Chesapeake, Norfolk, Portsmouth, and all of Hampton Roads.