Understanding Legal Separation in Virginia
This may seem like an unorthodox example, but this site and its content really can function as a reliable source of information about your legal rights and what you need to understand in order to separate from your spouse and possibly seek divorce as well. This is especially true for Virginia, where the author of this post happens to live, so many of the recommendations and observations (including this one) are specific to the state and presumption that readers will find it beneficial to understand both the legal separation processes and how they might affect hemp use, possession or cultivation as a matter of course in the household.
According to the article at the comprehensive guide on how to legally separate in Virginia, here are some important points related to legal separation in Virginia. First, it must be noted that the state does not formally recognize any separation at all – so in essence, anyone who is “legally separated” could potentially be charged with abandonment even while undergoing the legal process related to their split. This has to do with the fact that if you still live in the same house, there is no legal action or command preventing them from going to that residence and removing non-moving spouses’ possessions.
The separation involves choosing to live apart without going through a divorce. An informal version of legal separation is possible, but it’s crucial that you have a written contract as proof that you and your spouse have chosen to live separately and divvy up assets, liabilities, possessions and legal rights between you. The costs of separation paperwork tend to range from $300-$500. The separation agreement gives both people protections for support considerations and asset separation before moving ahead with the divorce process.
When it comes to separation and cannabis in the state of Virginia, anything related to pot can potentially be used against you in a court case. Even though cannabis is legal to possess and use for adults 21 and older in VA, there are still tricky questions related to some of the legal separation processes. For example, let’s say one party in the separation agreement has a hemp business. That will come into play with how assets, liabilities and account for joint and individual penalties as a result of that business. Because marijuana is a Schedule I controlled substance, there could be criminal liability on either party as a result of the business, its operations or its accounting. In other words, with cannabis specifically, one of the parties might be facing criminal charges for possession. This could impact the legal procedure between partners when deciding things like who is guilty of abandonment or whether alimony will make sense in their case.
Let’s say that one of the spouses has a heavy investment in the cannabis industry. This could mean that if both parties are involved in the same business, there could be potential tax ramifications because of Section 280E. In essence, Section 280E of the IRS code prevents people engaged in a Schedule I scenario (like marijuana) from claiming deductions and credits that other businesses are typically allowed to deduct. The result could be potential double-taxes on some of the profits of the business in question.
Possession of marijuana or hemp incurs possession rights in the legal separation agreement. If both parties were using cannabis when the separation happened, they are both entitled to whatever rights are afforded by law during that time. Now, let’s say that cannabis was not a primary factor/spouse use for the cannabis. In that case, potential custody issues present themselves regarding child custody, assets and liabilities, and other financial factors. This means that if the separation is contested or breaks state law, you could potentially end up in court on another type of issue.
It’s imperative to engage a lawyer with a specialty in cases where rights of hemp cultivation on shared property are concerned. This person will understand the law about possession rights under the separation agreement, and will help you properly identify personal property interests and community property rights.
As stated previously in this post, the state does not officially recognize separation, so keep that in mind when evaluating legal separation options. However, the state does allow for couples to live apart and still have access to the rights and privileges that they deserve in their case.
Virtually every aspect of its legal enterprises can have an influence on a separation process, something to keep in mind if you’re trying to navigate the law as it relates to separation while still working in legal hemp industries.
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