Providing accurate and objective information to help make the right decisions during a divorce in Virginia, this guide provides answers to 360 queries such as What is the mediation process in Virginia and is it required? How quickly can one get a divorce? Who decides who gets the cars, the pets, and the house? What actions might influence child custody? How are bills divided and paid during the divorce? How much will a divorce cost? and Will a spouse have to pay some or all attorney fees? Structured in a question-and-answer format, this divorce handbook provides clear and concise responses to help build confidence and give the peace of mind needed to meet the challenges of a divorce proceeding.
Providing accurate and objective information to help make the right decisions during a divorce in Virginia, this guide provides answers to 360 queries such as What is the mediation process in Virginia and is it required? How quickly can one get a divorce? Who decides who gets the cars, the pets, and the house? What actions might influence child custody? How are bills divided and paid during the divorce? How much will a divorce cost? and Will a spouse have to pay some or all attorney fees? Structured in a question-and-answer format, this divorce handbook provides clear and concise responses to help build confidence and give the peace of mind needed to meet the challenges of a divorce proceeding.
Divorce in Virginia: The Legal Process, Your Rights, and What to Expect
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Overview
Providing accurate and objective information to help make the right decisions during a divorce in Virginia, this guide provides answers to 360 queries such as What is the mediation process in Virginia and is it required? How quickly can one get a divorce? Who decides who gets the cars, the pets, and the house? What actions might influence child custody? How are bills divided and paid during the divorce? How much will a divorce cost? and Will a spouse have to pay some or all attorney fees? Structured in a question-and-answer format, this divorce handbook provides clear and concise responses to help build confidence and give the peace of mind needed to meet the challenges of a divorce proceeding.
Product Details
| ISBN-13: | 9781940495842 |
|---|---|
| Publisher: | Addicus Books |
| Publication date: | 09/01/2014 |
| Series: | Divorce In |
| Sold by: | Barnes & Noble |
| Format: | eBook |
| Pages: | 225 |
| File size: | 873 KB |
About the Author
Read an Excerpt
Divorce in Virginia
The Legal Process, Your Rights, and What to Expect
By Steven L. Raynor
Addicus Books, Inc.
Copyright © 2015 Steven L. RaynorAll rights reserved.
ISBN: 978-1-940495-84-2
CHAPTER 1
Understanding the Divorce Process
Divorces are complicated. There are a number of substantive issues, and there are a number of procedural options involved. The procedures in a divorce case vary greatly based upon whether there is agreement on issues, or whether there are issues in dispute to be resolved by the judge.
A person going through a divorce has to deal with all of the legal complexity at the same time he or she is typically having to deal with strong emotions, disruptions to the home and family life, and the strong emotions of his or her spouse. In short, this is the worst time in your life to have to deal with a very complicated, expensive, demanding legal process.
As you read this book, you will gain a working understanding of the divorce process, procedures, and issues. This chapter will address many of your initial questions regarding the divorce process.
1.1 What steps are taken during the divorce process?
A typical divorce involves a separation, the filing of a complaint for divorce, service of process, responsive pleadings by the other party, discovery, settlement or trial, and the entry of a divorce order. This sounds complicated, but it is made even more complicated by the fact that divorce cases develop in innumerable ways. Some parties settle all issues before they even separate, and then obtain an uncontested, no-fault divorce. At the other end of the spectrum, some parties go to court and have the judge decide all of the issues, such as:
• who is going to remain in the house during the separation
• what the children's schedule will be
• how much support will be paid
• how the property is to be divided
Most common are cases in which the parties are able to agree upon most or all of the issues at some point during the process, before trial.
1.2 Must I have an attorney to get a divorce in Virginia?
Your divorce can either be handled by you and your spouse acting pro se (which means without an attorney), or by an attorney. Many divorce cases are handled by attorneys because most divorcing parties are not familiar with the requirements for a divorce, and legal advice cannot be provided by court clerks or other nonlawyers.
1.3 What is my first step?
Most people first fully explore whether the marriage can be saved, especially if there are children. Once divorce appears to be a real possibility, the first step should be to become educated about the process and issues. Reading this book is a good first step. Although reading it can be very helpful, it is not a substitute for the advice provided by a good divorce attorney.
1.4 What is the process for divorce if my spouse and I settle all of our issues by agreement?
One of you will still have to file a complaint for divorce, the lawsuit requirements have to be met — including service or acceptance of process, and presentation of evidence — and a final order of divorce has to be presented to and signed by a circuit court judge.
1.5 Can I divorce my spouse in Virginia if he or she lives in another state?
It depends. Yes, if you last lived in Virginia as husband and wife. In other cases, you should consult with a divorce attorney. (This can be a complicated issue as a Virginia court may have jurisdiction to grant a divorce, but not to make other rulings such as property division.)
1.6 What is required to be legally separated?
You cannot be living as husband and wife, and at least one of you has to have the intent to end the marriage to meet the requirements of being legally separated. Separation in the same home can meet these requirements, provided you live like roommates rather than like husband and wife. For example, a sexual relationship, socializing together, carrying out other marital duties, and otherwise acting as a married couple would be inconsistent with a legal separation.
1.7 Is a signed document or a court filing required to establish a legal separation?
No.
1.8 If we both want a divorce, does it matter who files?
Either of you can file a complaint for divorce and obtain a divorce (though you may have different grounds of divorce with different waiting periods available to you). If you think your case may go to trial, there may be an advantage to being the first to file.
1.9 Is there a way to keep my divorce private?
As a general rule, lawsuits, including divorce cases, are public records. As a practical matter, unless you are a celebrity, it is unlikely that anyone is going to review your divorce file in the circuit court clerk's office. In rare cases, a motion is made and a judge enters an order to keep a divorce case private.
1.10 What does it mean to accept service of process?
Acceptance of service of process is one of the ways to avoid the need to have the sheriff serve the divorce papers. The defendant signs an acceptance of service form before a notary, and, once this form is filed with the court, the service of process requirement is satisfied.
1.11 Why should I contact an attorney if I have received divorce papers?
You need an attorney if your spouse has filed a divorce complaint against you. You need to understand the process, the issues, the possible outcomes, and your options. Once you have been served with a divorce complaint, you have only twenty-one days to respond, so time is of the essence.
1.12 How much notice will I receive if my spouse seeks a temporary order?
A temporary order, also known as a pendente lite order, governs issues such as custody, visitation, possession of the home, and support until the final divorce order is entered. You should receive at least a week's notice before a hearing on any motion, though in most cases the notice is considerably longer than one week.
1.13 During my divorce, what am I responsible for doing?
That depends upon the attorney you are working with. Some attorneys give extensive homework to clients at the beginning of the process. Other attorneys tailor their requests for information and assistance based upon the client and the case.
Some clients are very capable of and interested in helping, and other clients feel overwhelmed at the beginning of a divorce.
Some clients have access to documentation and information that is needed for the divorce, but sometimes that documentation and information is in the possession of the other party.
Some clients want to do as much as possible to reduce legal costs, and other clients expect their lawyer to handle as much of the work as possible.
Your divorce attorney should meet with you on a regular basis to discuss and agree upon what needs to be done, and how the work is to be allocated between you.
1.14 My spouse has all of our financial information. How will I be able to prepare for negotiations and trial if I don't know the facts or have the documents?
In many cases, the parties and their attorneys cooperate to exchange necessary information. If cooperation is not possible, or to supplement the information exchanged voluntarily, once a divorce complaint is filed you may engage in discovery, which will allow you to obtain necessary information from the other side using certain procedures with time limits.
1.15 My spouse and I both want our divorce to be amicable. How can we keep it that way?
You and your spouse are to be acknowledged for your willingness to cooperate while moving through the divorce process. This will not only make your lives easier and save you money on attorney fees, but it is also more likely to result in an outcome that satisfies you both.
Find a lawyer who understands your goal to reach a settlement and encourage your spouse to do the same. Cooperate in the prompt exchange of necessary information. Ask your attorney about the different negotiation options. Recognize that settlement requires compromise by both parties.
1.16 How long will it take to get my divorce?
A divorce can be obtained approximately eight months after the separation if the parties sign an agreement resolving all issues, there are no minor children, and the attorneys and the parties are prompt in taking the necessary steps. If there are minor children or issues to be resolved by the judge, then the divorce will take over a year to resolve. The actual length of time necessary to obtain a divorce varies, based not just upon the nature of your case, but also on the court schedule in the locality where your divorce case is filed.
1.17 When does my divorce become final?
Your divorce is final once the issues in the case are settled or resolved, and the judge signs the divorce order.
CHAPTER 2Working with Your Attorney
If there is one thing you can be sure of in your divorce, it's that you will be given plenty of advice. Well-intentioned neighbors, cousins, and complete strangers will be happy to tell you war stories about their ex or about their sister who got divorced in New York. Many will give you free advice about what you should do, even though they know little about the facts of your case or the law in Virginia.
There is one person whose advice will matter to you: your attorney. Your lawyer should be your trusted and supportive counselor and advocate throughout your divorce. The advice of your attorney can affect your life for years to come. You will never regret taking the time and making the effort to choose the right attorney for you.
2.1 Where do I begin looking for an attorney for my divorce?
There are many ways to find a divorce lawyer. Ask people you trust — friends and family members who have gone through a divorce — if they thought they had a good lawyer (or if their former spouse did). If you know professionals who work with attorneys, ask for a referral to an attorney who is experienced in family law.
Search the Internet. Most good attorneys have websites that provide information regarding their practices areas, professional associations, experience, and philosophy.
2.2 How do I choose the right attorney?
Choosing the right attorney for your divorce is an important decision. Your attorney should be a trusted professional with whom you feel comfortable sharing information openly. He or she should be a person you can trust, as you will rely upon your attorney to help you make many important decisions throughout the course of your divorce.
Gather at least three names from referrals or the Internet. This short list should include attorneys who practice primarily or solely in the family law area. Next, compare and contrast the attorneys on your short list, seeking the best fit for you and your case.
Determine the level of experience you want in your attorney. For example, if you have had a short marriage, no children, or few assets, an attorney with less experience might be a good value for your legal needs. However, if you are anticipating a custody dispute or have complex or substantial assets, a more experienced attorney may better meet your needs. There is usually a correlation between the years of experience and the hourly rate charged by an attorney.
Look at the websites of each of the attorneys you are considering. Call each of the offices for preliminary information including availability and hourly rates. For each call consider whether you are treated with prompt and professional courtesy.
Consider the qualities in an attorney that are important to you. Even the most experienced and skilled attorney is not right for every person. Ask yourself what you are really looking for in an attorney, so you can make your choice with these standards in mind. Fit is important.
Some attorneys offer a free consultation, especially early in their career when they are in the process of building their practices. The best family law attorneys are busy, so they are unlikely to offer free consultations. Consider interviewing one or more attorneys. You will likely have to pay for these interviews, but it may be worth it for you in terms of finding the best attorney for you and your case.
It is important that you be confident in the attorney you hire. If you are unsure about whether the lawyer is really listening to you or understanding your concerns, keep looking until you find one in whom you have confidence. Your divorce is very likely to be the most important legal matter you will ever have to deal with, so it's critical that you have a professional you can trust.
2.3 Should I hire a "bulldog" — a very aggressive attorney?
Again, consider the qualities in an attorney that are important to you. A "bulldog" may promise to be aggressive and take your spouse for everything he or she is worth, and that approach may suit you. Alternatively, it may be important to you to create a mutually respectful relationship with your spouse during and after the divorce, especially if there are minor children involved.
Additionally, expect the cost of your divorce to exponentially increase if your attorney is unwilling to negotiate and drags your spouse into court at every opportunity. Look for a lawyer who can competently and energetically represent you, while at the same time maintain a high level of courtesy, professionalism, and integrity. The best divorce attorneys know how to effectively represent you in court, but they sincerely seek to assist you in resolving things fairly and by agreement, if possible.
2.4 Should I interview more than one attorney?
Be willing to interview more than one attorney. Every lawyer has different strengths, and it is important that you find the one that is right for you. Sometimes it is only by meeting with more than one attorney that you see clearly who will best be able to help you reach your goals in the way you want. One difficulty is that people going through a divorce change during the process.
Emotion often rules with a stronger hand at the beginning of the process and it is not uncommon for people to dismiss in their minds the possibility of going to court. Then, in some cases, they realize that at least the threat of court is necessary for a fair settlement. That is why in most cases you want an attorney who is a competent trial attorney (and thus a credible threat in the other party's mind), but who wants to also help you settle.
2.5 My spouse says since we're still friends we should use the same attorney for the divorce. Is this possible?
No. An attorney is ethically prohibited from representing both sides in a divorce case.
It is not uncommon for one party to retain an attorney and for the other party not to do so. In such cases, the party with the attorney files the complaint, and agreements reached between the parties are typically sent to the spouse for approval prior to any court hearing. If your spouse has filed for divorce and said that you do not need an attorney, you should nevertheless meet with a lawyer for advice. Sometimes couples reach an agreement without understanding all of their rights under the law. A party will benefit from receiving legal advice on issues such as support, tax considerations, retirement, and health insurance coverage.
2.6 What information should I take with me to the first meeting with my attorney?
Attorneys differ on the amount of information they like to see at an initial consultation. If a court proceeding has already been initiated by either you or your spouse, it is important to take a copy of any court documents.
If you have a prenuptial or postnuptial agreement with your spouse, that is another important document for you to bring to the first meeting.
If you intend to ask for support, either for yourself or for your children, documents evidencing income of both you and your spouse will also be useful. These might include:
• recent pay stubs
• individual and business tax returns, W-2s, and 1099s
• bank statements showing deposits
A statement of your monthly budget will need to be prepared if you or your spouse seek spousal support. Your attorney can provide you with the form that he or she prefers.
If your situation is urgent or you do not have access to these documents, do not let it stop you from scheduling an appointment with an attorney. Prompt legal advice about your rights is often more important than having detailed financial information in the beginning. Your attorney can explain to you the options for obtaining these financial records if they are not readily available to you.
(Continues...)
Excerpted from Divorce in Virginia by Steven L. Raynor. Copyright © 2015 Steven L. Raynor. Excerpted by permission of Addicus Books, Inc..
All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.
Table of Contents
Contents
Acknowledgments,Introduction,
1 Understanding the Divorce Process,
2 Working with Your Attorney,
3 Attorney's Fees and Costs,
4 Initial Issues Associated with Separation,
5 Coping with Stress during the Divorce Process,
6 Emergency: When You Fear Your Spouse,
7 Grounds for Divorce,
8 Division of Assets and Debts,
9 Retirement and Other Benefits,
10 Spousal Support,
11 Custody and Visitation,
12 Child Support,
13 Tax Issues,
14 Name Change,
15 Settlement Issues, Options, and Strategy,
16 Documents Filed in Court,
17 Discovery,
18 Hearings and Trial,
19 Appeal,
20 What Happens after the Divorce?,
In Closing,
Appendix,
Resources,
Glossary,
Index,
About the Author,