Hi,
What would I be losing or gaining from getting legally separated from my husband?
Live in the state of Virginia,I have a special needs child, I jointly own a home, any other info needed to answer the benefits or disadvatages of Legal Separation please ask.
Thank you
drsnip:confused:

A legal separation is just that a separation, nothing is resolved its just that the two of you live apart until you decide when you want a divorce. No gray area, either black or white.

My ex wanted me to sign a Legal Separation papers, I refused. They are just like the divorce papers. If you sign any rights away in the separation papers you can't bring them back up at the divorce, all the points in the papers are looked at as though you both agreed to all the terms forever. The Judge in my case said that I already "agreed" to the issues, such as the cars, insurance premiums, our household things, etc when I signed the papers. The Judge was considering all the matters in the separations papers done and over, until my Atty pointed out I never signed the papers. She was mad that my ex gave her papers that I "agreed" to when I didn't. She had to hear all the points. I can tell you she wasn't going to, and wouldn't have, if I had signed those papers.

As long as you live in separate homes for a year (if you have kids, 6mts if not) and you have someone willing to stand up in court and say you did live apart for that time or longer, then you don't have to have those papers right now. But to answer your question if you sign the papers you would be agreeing to the points forever. The papers are so couples can move on with their lives before the court says you can by granting the divorce. All separation papers are entered in with the courts for the final divorce after the 1 year is up. I signed Separation Papers after the Judge ruled on all the points I wanted her to hear, they then became my Divorce Decree.

I urge you to take the papers to an Attorney so you understand everything in there BEFORE you sign them or any other papers your soon to be ex gives you. You can get Child support, custody, and visitation without the divorce. Most likely right away, you can even file for them yourself, though I recommend you get an atty at least the first time you go. An Attorney can get you an pendente lite hearing for the house, basically a Judge rules on that one issue until you can get to the divorce trial. If you are given physical custody then your lawyer would have a very strong case, saying its in your son best interest to have the stability of living in his current home, to get you the house at least until you get divorced. Just remember, if its granted in your favor, he may not have to make the payments, that may be up to you.

Even if you agree with everything in the papers please go to an attorney before you sign them if nothing more than to just make sure everything is what you think it means and not really something different.

What part of Virginia do you live in?