When clients first come to the attorneys at Cooper Ginsberg Gray for a consultation, they frequently arrive with preconceived notions about the divorce process.
Sometimes their ideas are molded by what they see on television or what they read on the internet. Other times, they are influenced by the experience of a friend.
However, this information is often inaccurate. Here are some common misconceptions about the divorce process:
If we don’t agree on everything, we have to go to court.
The truth is that many cases are resolved without even walking into a courthouse, even if they have a very rough start.
Decisions regarding child custody, spousal support, child support and division of property must be made by someone, but the people in the best position to do so are the parties. Sometimes, they just need a little help.
Fortunately, there are several tools to help couples come up with their own agreement. Mediation can be a useful way to resolve conflict in most situations. A trained mediator will facilitate communication between the parties and help them reach a resolution. CGG lawyers David Ginsberg and Nathan Olson are both certified mediators and provide mediation services.
[Related: 10 Tips for Divorcing Parents]
Another option for couples who wish to avoid court is to participate in collaborative process. Couples who commit to a collaborative resolution of their issues retain separate, specially trained attorneys who work together, instead of against each other. This collaborative effort offers the support and guidance many couples need to help them compromise and resolve their differences. CGG lawyers David Ginsberg and Stephanie Smith, along with CGG Divorce Coach, Dr. Leah Nathan, are collaboratively trained.
We have to be separated for at least a year, so I don’t have to prepare for divorce yet.
If you (or your spouse) are considering a divorce, it is advisable to seek legal counsel early in the process to ensure that your rights are protected. Remember that what you do now can have a great impact on your case in the long term. Here are some of our tips for preparing for a divorce.
I’ll lose rights to the house if I move out.
You do not forfeit any rights you have to ownership of, or equity in, a shared residence by moving out. However, the decision to live separately can be complicated and can have unanticipated consequences (especially when children are involved and custody has not yet been resolved). You should discuss a potential move with your attorney first.
He gets to keep everything that’s in his name, and I am responsible for all of the debt since it’s in my name.
In Virginia, property acquired during the marriage is presumed to be marital property regardless of how it is titled. Likewise, debt that is incurred during marriage is also presumed to be marital, even if it is only in the name of one of the spouses. This topic can be very complex, and meeting with an experienced family law attorney is the best way to ensure that you are fully informed and understand how property or debt that is titled in only one spouse’s name is handled in a divorce.
I don’t need a lawyer because my spouse already has one.
False! In Virginia, a lawyer can never ethically represent both parties in a divorce. Therefore, both parties should secure separate attorneys to protect their individual rights.
If the agreement we sign isn’t working, we can just cancel it.
Again, this is false. If you and your spouse sign an agreement, it may be impossible to change it. Virginia favors agreements, and the laws make it very difficult to invalidate or overturn them (even if you did not have it reviewed by an attorney first).
Before signing any type of agreement, it is imperative that you discuss it with your lawyer and ensure that you understand all of the provisions.
Conclusion
The decisions that you make during your separation and divorce will have lasting effects for the remainder of your life, and the lives of your children. Make sure you consult with a knowledgeable attorney that specializes in family law.
Contact Cooper Ginsberg Gray today to schedule a consultation. Our specially trained attorneys will help you understand your options, guide your choices, advocate to protect your rights and ensure the best possible outcome for your family.