Getting divorced isn't always as easy as many people believe. Some states have established conditions that must be met before a divorce can be filed or finalized. Each state has a varying set of conditions. Some require a certain period of residence in the state in which you're seeking a divorce. Others want both partners to separate first, leaving open the option for eventual reconciliation. The legal process of filing and finalizing a divorce can be complex, messy and frustrating. Here's a brief overview of how divorce is treated by the law.
The Rules Of Disengagement
Despite what we see on television, divorce cases are usually handled fairly. A family law judge helps to ensure that the agreements by both parties are fair and judicious. That being said, it's not unusual for a judge to make decisions regarding spousal support, custody disputes and division of property based upon their own biases. For example, if you're seeking a divorce in a county that is socially conservative, it's likely that the judge's decisions will reflect traditional family values.
Your Options For Representation
Though it's not required that you hire an attorney to represent you through your divorce, it's usually recommended. Amicable partners may believe that their divorce is best handled without legal representation, but a qualified divorce lawyer can help ensure the proceedings run smoothly. You can choose full or limited representation. If you're certain that you don't want to involve lawyers, you can choose to have a mediator resolve the divorce outside the court system.
Is A Divorce Lawyer Necessary?
The more that is at stake in a divorce, the more important it is that you hire an experienced lawyer to represent your position. Even spouses who are on friendly terms with each other at the beginning of a divorce can become aggressive when pursuing financial support and custody of children. If you and your spouse have a large estate that includes assets such as property, a business, or an investment portfolio, you should consult with an attorney. Similarly, if you have children for whom custody may be an issue, hire a attorney to ensure your rights are protected.
Hiring a divorce lawyer doesn't necessarily mean fighting a long, hard battle in court. You can hire a collaborative lawyer whose job is merely to facilitate a cooperative platform to negotiate with your spouse and spouse's lawyer. Alternatively, you can hire a divorce lawyer in a consulting capacity. They can provide valuable advice regarding how to present your case in the event it goes to divorce court. Plus, they can work with you to build a strategy for negotiating your rights.
Getting a divorce can quickly turn from a friendly negotiation into a messy, emotional battle. Be prepared. Consider hiring a qualified attorney that can offer guidance and if needed, full representation.
Richmond Virginia Lawyers and Virginia Attorney with sound advice and free legal consultations.
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