6 Misconceptions About Divorce in Virginia
Before clients even schedule an initial consultation with a divorce attorney, they have likely done their own research.
Oftentimes, this comes by way of discussions with family and friends, and internet searches. Unfortunately, this type of information is often flawed.
Below are a few common misconceptions surrounding divorce in Virginia and why to find a divorce attorney near me.
1. If Spouses Aren’t in Total Agreement, They End Up in Court
Luckily, even many antagonistic divorce cases manage to avoid court. Truthfully, most couples have a hard time agreeing on custody, support and/or the division of property, at least in the beginning.
However, most couples tend to agree that they are better equipped than an unknown third party (such as a Judge) to handle the resolution of these issues. This incentivizes eventual cooperation.
We have tools at our disposal to help achieve resolution without court. These include divorce coaching, mediation, and the collaborative process.
2. Spouses Should Avoid Divorce Proceedings Until Living Apart for One Year
Regardless of your current living situation, seeking legal expertise is valuable even in the early stages of a divorce. This can ensure that your rights are protected during the process. Decisions and actions made during this stage can affect the long-term outcome of divorce.
3. Moving Out Means Forfeiting Rights to the Property
Your ownership and equity in a joint home are not lost if you move out of a shared residence.
However, changing residences in the middle of a divorce process can have legal and practical implications. Consulting a divorce attorney before deciding to move out of the family home is wise.
4. If It’s Not in My Name, It’s Not Mine
Property acquired during marriage is presumed to be marital property in Virginia, no matter how the property is titled. Similarly, debts incurred during the marriage are also presumed to be marital obligations. These presumptions, however, can be overcome in certain circumstances.
Because laws regarding assets and liabilities differ from state to state, what you may have heard from talking with friends or from reading articles on the internet can be inaccurate.
Therefore, consulting an attorney in Virginia is essential to understanding the issues in your case, and the potential outcomes.
5. We Only Need One Lawyer
In Virginia, a divorce attorney can only represent one party legally. Even the collaborative process requires that both parties have separate attorneys, even though they work together.
Having your own attorney ensures that your rights are protected, even if you know your spouse means you no ill will.
6. Signed Agreements Can Always Be Renegotiated
This is true only if both parties are willing to renegotiate. Even those who signed an Agreement without first seeking the advice of an attorney may not be able to renegotiate the terms of what they signed.
Agreements need to be discussed with your divorce attorney before they are signed. Your lawyer can advise you regarding the unforeseen implications of any provision.
Divorce in Virginia | Divorce Attorney Near Me
The earlier you seek legal advice, the more informed you will be about divorce in your individual circumstances.
To schedule an initial consultation, fill out this form or call us at 703.934.1480.