Divorce involves more than the end of a marriage. It also requires careful decisions about property, finances and custody. While some couples may believe they can handle the process on their own, the reality is that divorce law in Virginia is complex, and the consequences of mistakes can be long lasting. Knowing when to hire a divorce attorney can make the difference between a fair resolution and years of continued conflict. Below is a list of circumstances that would generally warrant a consultation with one of our experienced divorce attorneys.
When Children Are Involved
If you and your spouse or loved one have children, custody, visitation, and child support will be central issues in your case. In Virginia, courts make decisions based on what they believe to be in the best interests of the child. This involves reviewing factors such as each parent’s role in the child’s life, the child’s needs, and the ability of the parents to communicate and cooperate. An attorney can help you develop a parenting plan, present your case effectively and efficiently, and ensure that your relationship with your children is protected. Even when both parents agree, it is important to have clear and enforceable custody and support arrangements so that future disputes are minimized. The only thing worse than no custody agreement is a vague or incomprehensible custody agreement. Parties to a custody agreement and their children deserve clear and concise rules relating to the care of the children. The best way to ensure that any agreement or court order is appropriate to any individual circumstance is to have a qualified divorce attorney assist throughout the process.
When There Are Significant Assets or Debts
Virginia follows a process called equitable distribution when dividing property in divorce. This means that marital assets and debts are divided fairly, but not necessarily equally. Homes, retirement accounts, investments, family businesses, and debts all have to be properly classified as marital, separate, or hybrid property. They must also be valued before distribution. Mistakes in this process can have serious long-term financial consequences. An experienced divorce attorney will ensure that all property and debts are identified, valued, and presented to the court so that the outcome is fair and consistent with Virginia law.
When Domestic Violence or Power Imbalances Exist
If there is a history of domestic violence, threats, or financial control in your marriage, attempting to go through the process on your own can put you in a vulnerable position. An experienced attorney will not only advocate for your legal rights but also help put protective measures in place. The presence of an attorney will reduce opportunities for intimidation and ensure that your case is presented fairly.
When Your Spouse Has an Attorney
If your spouse hires an attorney, it is strongly recommended that you do the same. Divorce is not just about emotions. It is a legal process governed by statutes, rules, and strategic negotiations. Without your own legal representation, you may be at a disadvantage in protecting your interests. Having your own attorney levels the playing field and gives you someone who can anticipate and respond to legal arguments on your behalf.
When You Want to Avoid Costly Mistakes
Divorce involves strict legal procedures and deadlines. Filing incorrect paperwork, missing deadlines, or drafting poorly written agreements can delay your case or create problems that resurface years later. For example, a poorly worded custody agreement may lead to disputes about visitation, and an incomplete property settlement can cause financial problems in the future. A divorce attorney will ensure that the paperwork is correct, that your agreements are enforceable, and that the process moves forward efficiently.
Virginia’s Filing Requirements
In addition to property and custody laws, Virginia has specific requirements for filing for divorce. For example, under Virginia Code § 20-91, spouses must typically be separated for at least one year before filing for a no-fault divorce. That period may be reduced to six months if the parties have a signed separation agreement and no minor children. Understanding Virginia’s rules is critical when deciding when and how to file for divorce. An attorney will review your circumstances and ensure that your case meets all filing requirements, avoiding unnecessary delays or dismissals.
Final Thoughts
Not every divorce must end in a bitter dispute, but nearly every divorce can benefit from professional legal guidance. Even if you believe that you and your spouse can reach an agreement on your own, a consultation with a divorce attorney can provide peace of mind. If you are considering divorce or have already begun the process, you owe it to yourself to consult with a knowledgeable divorce lawyer in your area. The family law attorneys at Livesay & Myers, P.C. are experienced with all aspects of domestic relations law in the courts of Northern Virginia. Contact us to schedule a consultation today.