Virginia Divorce Lawyers

Services of Virginia divorce lawyer

The divorcing couple must take the services of a lawyer when –

• There are children
• There are assets valuated at more than a few thousand dollars, with the exception of automobiles
• If one party is likely to pay support
• When the partners cannot resolve their differences, even with the assistance of a mediator

At times when the partners are cooperating, they desire to hire the same lawyer in order to save money. By doing so, they are making the same person represent opposite interests. However, if the lawyer is not reluctant to do so, they can go ahead with the decision. Still it is advisable to have separate lawyers.

In the above mentioned case, the couple can save money by hiring the first lawyer to do the work and paying him a fixed fee while utilizing the second lawyer for a second independent opinion and paying him on hourly basis. The first lawyer is supposed to do all the work. The second lawyer may spare an hour or two for reviewing this work and offering independent advice.

The party which does not utilize the services of a lawyer is at a huge disadvantage. When the client has a competent lawyer, the amount of money paid as legal fees result in saving of a large amount of money in the long run.

Steps which a Virginia divorce lawyer has to adhere to

• The “Bill of Complaint for Divorce” is filed by one partner of the divorcing couple and this is served on the other partner. One who files first is referred to as “The Complainant” and the other party is called as “The Defendant.” As per the law, the Defendant is given 21 days to file the Answer. The case proceeds after the Answer is filed or there is no action by the defendant and the time elapses

• While the case is pending, a preliminary hearing can be requested by either spouse. During this the following issues are finalized –
  • If support has to be paid
  • If marital assets would be frozen
  • Custody of children
  • Who would live in marital residence
  These orders are called as “Pendente Lite Orders” and are followed till they are changed or the final divorce decree is given.

• Before the divorce decree is entered, the Court has to take a decision regarding the presence of enough proof of the existence of grounds of divorce as per Virginia Code Sections 20-91 and Virginia Code Sections 20-95. As per the law in the state, 3 methods can be used to review the proof.
  • Deposition
  • Referral to a Commissioner
  • Hearing in open Court

  The method used depends on the city or county. Due to changes in policy, the Commissioner method is less frequently used.

• The last step is that the Court issues a Divorce Decree. This document includes all the decisions made by the judge about custody, support, property and declares that the parties are divorced

Divorce Papers