5 Do’s:
- DO decide what kind of divorce you want. Depending on your situation, your divorce will either be uncontested or contested. With a contested divorce, issues are brought before the court, and your attorney and your spouse’s attorney litigate on the divisive issues (which are decided by the judge). However, with an uncontested divorce, you and your spouse agree on the terms for divorce, and a settlement agreement is drafted addressing all key issues, such as division of assets and custody.
- DO consult with a lawyer as soon as possible to develop a strategy. No matter what your situation is, you should at least consult with an attorney. You and your spouse should each have your own family law attorney advising you. In Virginia, one lawyer is not permitted, under any circumstances, to represent both spouses in a divorce. Your lawyer protects your rights during divorce and helps ensure you make decisions based on what is best for you.
- DO take care of your mental health. Divorce rearranges your entire life. Make sure you give yourself the proper space to grieve the relationship as well as the future you and your spouse had planned together. Adjusting to your new life can be difficult. If you are struggling, consider reaching out to CGG’s Divorce Coach, Dr. Leah Nathan, for help.
- DO document everything. When you get a divorce, things can get complicated quickly. Make sure you are saving everything that may be important for your divorce. This can include communications between you and your spouse, such as emails and text messages.
- DO gather all your records. During divorce, you will be required to disclose your financial status as part of the legal proceedings. Making copies of all tax returns, loan applications, wills, trusts, financial statements, banking information, brokerage statements, loan documents, credit card statements, deeds to real estate, and car registrations is a good way to get ahead and be prepared.
5 Don’ts:
- DON’T post about your divorce on social media until everything is finalized. Nothing is private anymore on the internet. The first place that attorneys go to find evidence in a divorce case is generally social media. Posts on social media can and will be used as evidence against you.
- DON’T sign anything without consulting your lawyer. It can be easy to get lost in the legality of everything and accidentally sign something you misunderstood. This can get you stuck in some sticky situations that can cost you more time and money to fix. Always consult a lawyer before agreeing to or signing (or even initially) anything.
- DON’T hide your assets or drain shared bank accounts. There are laws requiring you to disclose financial assets, and forensic accountants or other professionals can find hidden assets. The court will decide how to divide your assets if you and your spouse cannot agree, and if you have attempted to hide money or property, there can be stringent legal consequences for being dishonest during divorce proceedings.
- DON’T try to be a hero. Lots of people will tell you to be strong for your kids or that everything will be okay, and you’ll get through it. While this is true, that doesn’t mean you’re invincible. Divorce is hard, and you are likely going to have some difficult times. You don’t need to get through it alone. Your attorney, divorce coach, and licensed therapist, as well as friends and loved ones, are all there to help support you during this process.
- DON’T miss any appointments or court hearings. If you were served with papers or know of a court date, you should ensure that you attend, or your attorney attends if you are not required to. If you are not present at a hearing, you run the risk of getting an order entered that is not favorable for you.
Family Law Attorneys in Virginia
Have questions? Contact the family law attorneys at Cooper Ginsberg Gray for more information. www.cgglawyers.com or (703) 934-1480