Divorce is a significant and stressful life event. Having an experienced Virginia divorce attorney by your side can play a crucial role in helping you navigate the complex legal process of ending your marriage and obtaining a favorable outcome.
Understanding what a divorce attorney should be doing for you will help you choose the right one. Here’s an overview of what a lawyer typically does when handling a divorce matter:
- Legal advice and counseling: Your attorney will explain the divorce process, the applicable laws, and options available given your particular circumstances. A divorce attorney should help clients understand their rights and responsibilities and also address any concerns about the division of property, alimony, child custody, visitation, child support, and anything else you might want to ask a divorce lawyer.
- Initial consultation: After meeting with a client, an attorney will evaluate the situation based on the information they gather about your marriage, assets, debts, children, etc. From this, they will provide an opinion about likely outcomes and strategies for going forward with a divorce.
- Necessary paperwork: If you want to proceed, the attorney will file a divorce petition or complaint in the appropriate Virginia court. They ensure that the necessary documents are completed accurately and submitted within the required timelines.
- Negotiating a settlement: A good divorce attorney also acts as an intermediary in negotiations between spouses and their lawyers to try to reach agreements when possible and avoid litigation, which will save the client time, money, and emotional stress.
- Representing a client in court: If a settlement can’t be reached, the attorney advocates for their client’s interests, presents evidence, and presents legal arguments in court.
Issues a Lawyer Considers
While each divorce is different, there are certain issues that are common in a divorce case, including:
- Division of property: Virginia follows the principle of equitable distribution when dividing marital assets and debts. The divorce attorney helps their client identify, value, and divide property, including real estate, bank accounts, retirement accounts, and personal belongings.
- Alimony: An attorney assists in determining the appropriate amount and duration of spousal support (if any) based on your financial situation, the length of the marriage, and the standard of living that occurred during the marriage.
- Child custody, visitation, and support: These are often very emotional and contentious issues. An attorney will explain your options, and work to create custody and visitation plans. Support payments will also be calculated using the guidelines set by the Commonwealth of Virginia.
Sometimes, circumstances change after a divorce is finalized. A divorce attorney can help modify divorce agreements, such as child support or custody terms, if there are any major life events that impact these arrangements. In other cases, they may get re-involved to help enforce the terms in court if one of the parties is not abiding by the agreement.
Choose an Attorney You Can Work With
A divorce attorney wears many hats. They provide legal and emotional support, guide clients through the legal process, provide expertise, negotiate for their clients, represent their clients in court, and ensure their clients receive a fair and equitable outcome.
When you speak to prospective divorce attorneys in Virginia, make sure you are comfortable with their communication style and timeliness. You want to be kept up to date with case developments, legal options, any applicable changes to Virginia law, and upcoming court dates. You also want to be comfortable with their negotiation skills so there is a better chance of reaching a mutually agreeable solution that protects your rights and interests.
You’ll likely be spending considerable time with your divorce attorney. Understanding if your divorce lawyer needs to be local and what they are supposed to do as your legal representation during a divorce will ensure you choose the right attorney. Contact Coastal Virginia Law for a full explanation of our extensive legal expertise, negotiation and courtroom skills, and ability to give you the support you need!
