The Top 10 Questions to ask a Divorce Lawyer in Virginia
Do you have questions to ask a divorce lawyer? As divorce attorneys in Virginia, we find most people ask the same top 10 questions, so we thought it would be helpful to give you the answers. This way, you can understand the process a little better.
Deciding to end a marriage is a big decision and the unknown can sometimes be scary. Going through a divorce can leave you feeling nervous and uncertain. Yet, we find that the more you know, the better you’ll feel moving forward. Just remember, you’re not alone.
Here are the Top 10 Questions to ask a Divorce Lawyer
1. How do I file for Divorce in Virginia?
To file for divorce in Virginia, there are forms that you need to file with your local circuit court. Your county of residence determines the exact forms and rules. You will also need to name your specific grounds for divorce, and there are additional steps needed if there are minor children involved. This is not an easy or quick process, so it’s important to work with an experienced attorney licensed in Virginia even before you file for divorce. They will help you understand the steps and paperwork needed.
2. How long do I need to be separated from my spouse if we already have a settlement agreement?
The answer to this depends on whether you have children together. If you have kids and a settlement agreement, then you need to be separated for one year. If you have no kids and a settlement agreement, though, then you only need to be separated for six months.
3. Can my spouse and I be separated if we're still living in the same house?
Sometimes you still need to live in the same house during a separation and divorce. It could be for financial reasons or because of your children. No matter the reason, the answer to the question is yes. In Virginia, you can live in the same house, but you will need to live like roommates. This means sleeping in separate bedrooms and no outings together. You should also limit sharing of your finances. If you are working with an attorney, ask if there are any other things you should or should not do together.
4. How much will this divorce cost me?
Unfortunately, this is not something that can be universally answered. It depends on your specific case and how cooperative your spouse is. If there are children involved, your divorce will include custody, visitation, and child support. Every divorce comes with different circumstances that affect the amount of time, proceedings, documents, and preparation needed. Unfortunately, you don't have complete control over how a divorce proceeds.
5. I pay child support for more than one child. When one turns 18, can I just lower what I pay?
No. You cannot just lower the amount of child support on your own. The original amount was set by the court, so you will need to go back to court. When your circumstances change, you’ll need a new child support order. They will recalculate the amount you owe for child support. Until then, continue to pay your original amount. You can also be proactive and do this before your child turns 18, so it goes into effect right after their 18th birthday.
6. My spouse's name is not on the deed and/or mortgage to our house. Does that mean I get to keep it free and clear in the divorce?
Not necessarily. It’s not that simple. Just because your spouse's name is not on the house doesn't mean you get to walk away with it. The Commonwealth of Virginia presumes that an asset or liability acquired during the marriage is marital. However, there are some exceptions. That’s why it’s important to work with an experienced divorce attorney in Virginia.
7. If my spouse demands I leave the house during our separation and divorce, do I have to?
The answer is no. Just like in question #3, you can stay in the house together. If you share minor children with your spouse, it’s important you stay at least until there is a formal agreement. While there are some legitimate reasons for leaving, a formal agreement can help protect your rights. If you leave before that, it could go against you and prejudice your case when it comes to child custody and support.
8. If my spouse took out a protective order on me, can I have any sort of contact?
You should keep from having any sort of contact, even if the order permits some kind of contact. This may be hard for example if you have visitation with your child. In that case, it may be best to arrange a neutral and public place to pick up and drop off your child with your spouse. It is very easy and common for someone to lie about an interaction in order to get an advantage in court.
9. Can I take money out of our bank accounts?
While the divorce is pending, do not pull money out of joint accounts or your retirement to spend on whatever you want. Paying legitimate bills is okay. After all, you both need to keep living and paying your bills. Keep in mind, the money in your accounts is marital money. If you take out money, a judge can order you to pay your spouse what would have been his/her share of that money. This can leave you in a worse financial position. Work with your attorney to determine how to best pay bills and what money you can use during your divorce.
10. Should I stay off social media?
This is a very common question, especially with today’s technology. When it comes to social media in a divorce or other family law dispute, the best action is to simply stop posting. You can also restrict who can see your profile and posts, but remember, people can share your posts. Then, others can see them. That is why you should stay off social media. We have been divorce lawyers for many years, and we are still surprised to see what people will post on social media. It could harm your case, and it can be very damaging to your child custody agreement.
Divorce Lawyers Near You
If you’re searching for divorce lawyers near you, look no further than Archangel Law Group. We work with clients in the matters of family law, and that includes divorce in Virginia. We can’t fix a broken heart, but we can make sure we protect your rights during a divorce.
If you have more questions to ask a divorce lawyer, give us a call. (757) 389-7383
Archangel Law Group – Divorce Lawyers
At Archangel Law Group, we are proud to represent clients in legal matters pertaining to Family Law, including divorce and child custody. We also represent our clients in Wills, Trusts & Estates, Civil Litigation, Construction Law, and Business Law. We serve clients in Virginia Beach, Chesapeake, Norfolk, Suffolk, Portsmouth, Newport News, and Hampton. This includes the surrounding counties of Hampton Roads, Virginia. We are here to discuss your specific needs and answer your questions. Contact our firm at (757) 389-7383 or get in touch with our staff by emailing us.