When clients first come to us for a consultation, they arrive with preconceived notions about the divorce process. Maybe their ideas are molded by television, the experience of a friend, or their Google search.
However, this information is often inaccurate. Here, we will discuss these common ideas, but remember that the best way to truly understand this process is by speaking to a qualified divorce attorney near me in Fairfax, Northern Virginia.
Myth #1: “If we don’t agree on everything, we have to go to court.”
The truth is that many cases are resolved without going in front of a judge, even if they have a very rough start.
Decisions regarding child custody, child support, spousal support, and division of property must be made by someone, but the people in the best position to do so are the parties. Sometimes, they just need a little help. That’s where the aid of an experienced divorce attorney comes into play.
Fortunately, there are several tools to help couples do this. Mediation is a great way to resolve conflict and reach these decisions in a mature, timely manner. A trained mediator will facilitate communication between the parties and help them reach a resolution.
Another great option for couples who wish to avoid court is collaborative law. In collaborative law, the parties each retain separate, specially trained attorneys, and experts, who work together, instead of against each other. This collaborative effort offers the support and guidance many couples need to help them compromise and resolve their differences without the added conflict involved in litigating a divorce in court.
With both mediation and collaborative law, the parties are able to craft creative solutions to many of their issues. This is significant as if the parties cannot agree and must go to court, the judge has a very limited set of decisions she can make that may not satisfy either party. These alternatives to going to court really put the parties in control of their issues and future.
Using mediation or the collaborative approach will generally resolve many, if not all, issues for most parties. However, even if the parties are unable to resolve everything, they will still greatly benefit from narrowing the scope of issues that must be presented to a judge for a ruling.
Myth #2: “We have to be separated for at least a year, so I don’t have to prepare for divorce yet.”
Even if you still live together, if you or your spouse is considering divorce, seek legal counsel right away. This is imperative to ensuring that your rights are protected. Remember that what you do now can have a great impact on your case in the long term.
Moreover, just because you may have to wait several months before filing for divorce does not mean that you cannot begin to resolve your issues. In fact, many parties are able to resolve many, if not all, of their issues prior to filing for divorce. If the parties are able to resolve their issues in a written Marital Settlement Agreement, filing for divorce is merely an administrative task that requires some paperwork without ever seeing the inside of a courtroom.
Myth #3: “I’ll lose rights to the house if I move out.”
You do not forfeit any rights you have to ownership of, or equity in, by moving out of a shared residence. However, the decision to live separately can be complicated and have practical and legal implications. You should discuss this with your attorney first, especially if there are minor children involved
Myth #4: “He gets to keep everything that’s in his name.” or “I’m responsible for all of the debt since it’s in my name.”
In Virginia, any property acquired between the date of marriage and date of separation is presumed to be marital property and can be considered in the overall division of property by the court. Likewise, any debt that is accrued during marriage may be allocated between the parties. How a particular asset is titled does have some bearing as to how a court can divide an asset, but it does not deprive one spouse of his or her equitable interest in it simply because their name is not on the title.
This can be very complex, but your attorney should discuss everything with you and ensure that you are fully informed.
Myth #5: “I don’t need a lawyer because my spouse already has one.”
False! In Virginia, a lawyer can never ethically represent both parties in a divorce, only one of them. Therefore, both parties need to secure an attorney to protect their rights.
Myth #6: “If the agreement we sign isn’t working, we can just cancel it.”
Again, this is false. If you and your spouse sign an agreement, it may be impossible to change it. Even if you didn’t have legal advice before signing it, even if the agreement is unfair or oppressive, you may not be able to change it.
Before signing any type of agreement, discuss it with your lawyer and ensure that you understand the agreement and the ramifications of signing it.
The decisions that you make during your separation and divorce will have lasting effects for the remainder of your life, and the lives of your children. Make sure you consult with a knowledgeable attorney that specializes in family law.
Divorce Attorney Near Me in Fairfax, Northern Virginia
Contact Cooper Ginsberg Gray today to schedule a consultation with a divorce attorney near me. Our specially trained attorneys will help you understand your options, guide your choices and fight to protect your rights and ensure the best possible outcome for your family.