Virginia Divorce Law: Types of Divorce Lawyers

If you are interested in hiring an attorney to represent you in your divorce case or you are going up against an another lawyer without help, it is important to know what kinds of divorce lawyers there are. The different types of divorce lawyers may have an impact on how you should handle your case.

Attorneys are people and we all come with our own personalities and trial strategies. So what are the most common types of divorce lawyers and what should you be aware of when looking for your own, and does any one type of lawyer win out?

Divorce Lawyer One: The Bull Dog/Pit Bull

This is the most common view that people have of divorce lawyers. These lawyers spend most of their time posturing and engage in aggressive litigation tactics. Commonly, a bull dog/pit bull lawyer will be confrontational in their strategy. They are also more willing to directly adopt their client’s position whenever filing something with the Court.

The major benefit of a bull dog/pit bull lawyer is that your voice will be directly conveyed to the judge. However, this strategy can come with some downsides. Being overly aggressive without reason can lead to an award of legal fees at the end of the case against the person who hired the bull dog/pit bull lawyer. It can also drive up your legal bill.

Confrontational without purpose is a bad thing from the Court’s perspective. The Court ultimately wants reasonable settlement discussion without all cases going to trial.

Divorce Lawyer Two: The Negotiator

A negotiator type of lawyer is focused on gaining every strategic advantage they can through settlement negotiation and smart use of court procedures. This type of lawyer focuses on sending well drafted settlement proposals which are designed to get the parties talking.

The major benefit of a negotiator type of lawyer is that their main focus is getting you the best possible result. The negotiator sets their sights on the most likely outcome and tries to get a resolution as close to that as possible.

The downside of a negotiator type of lawyer is that they may not engage in the aggressive and confrontational strategies of a bull dog/pit bull lawyer. They may also try to avoid active litigation if they don’t feel it advances the case.

Divoce Lawyer Three: The Litigator

The last major type of divorce lawyer is the litigator. They often drive up the cost of a divorce case by taking most issues directly to the Court without substantial settlement discussions. The purpose of driving up the cost may force the other side to the negotiation table to resolve the case or may catch them in a legal problem that adversely impacts their case.

The major benefit of a litigation focused divorce lawyer is that they often are well versed in legal procedure and spend a substantial amount of time in the Court room. The major downside is that their services often cost a substantial amount of money and the case may take longer to resolve.

What Type of Divorce Lawyer is Best For You?

Every lawyer has different strategies on how they view divorce cases. Some lawyers may take strategies from any one of the above styles to create their own style. At the end of the day, the best lawyer for you is the one that you feel the most comfortable with based upon your own style. It is a bad idea to hire a lawyer that has a different style than your own. The main reason to hire a lawyer is to trust in their presentation of your case and professional judgment.

Having a mismatch of personalities can result in delayed results and bad case outcomes. If you are looking for a divorce lawyer, make sure you ask questions of your lawyer as to what kind of lawyer they are and what strategies are available in your specific case. That way you can make an informed decision before you hire them.

Virginia Divorce Law: Uncontested Divorce Documents

Are you interested in an uncontested divorce? If so, this article may be useful in understanding the types of documents required by the Court to finalize your case and why those documents are important.

So what is the process for an uncontested divorce and what documents are required?

How to Get a Virginia Uncontested Divorce

In order to qualify for an uncontested divorce, you must have been separated for at least six months from your spouse if there are no kids. If you have children together, you must wait an entire year. After that time window is up, you must do the following things:

1) You must come to an agreement on all property and custody issues;

2) You must draft a formal agreement detailing those terms and both spouses need to sign;

3) The agreement must be submitted to the Court for review.

What Documents are Required in Virginia for an Uncontested Divorce?

There are several documents that you need in order to finalize your divorce. The law recently changed to make this a little easier, but it is still important to understand what needs to be prepared. Below is a list of documents required:

1) Separation Agreement

The Separation Agreement is the document that both sides sign that details what you have agreed to. You must have all issues addressed in the agreement. If something is left out, it could turn your case into a contested divorce and require more time and effort.

2) Complaint for Divorce

After the agreement is signed, you have to submit it to the Court with a complaint for divorce. This is a document that notifies the Court that you are eligible for a divorce and that you have reached an agreement.

3) Civil Filing Cover Sheet

This document notifies the Court what type of case is being filed so the Clerk can calculate the filing fee and make sure you are filing the right type of case

4) Request for Summons

This document notifies the Court that you want the other side to be served with the paperwork. Service is required in order to finalize a divorce. A summons can be for sheriff service or for the other side to accept the paperwork without a sheriff involved.

5) Waiver of Service

This document is filed with the Court when the other spouse does not want a sheriff to come to their house to serve the paperwork. The document accepts the complaint and notifies the Court they received the summons as well.

6) VS-4 Form

This document is a standard form prepared by the Virginia Department of Vital Records that details the information from the spouses. This document requires social security numbers, birth dates, places of birth, and more information.

7) Plaintiff’s Affidavit

This is a notarized document from the person filing the complaint confirming the allegations in the complaint are true.

8) Final Decree of Divorce

This document is what is given to the judge to finalize the divorce. There are many legal requirements as to what should be in a Final Decree of Divorce depending on what the parties have agreed to.

Why You Need a Divorce Lawyer for an Uncontested Divorce

You should hire a lawyer to help you prepare the documents listed above. If you do not have a lawyer, it can result in the case taking additional time to resolve and maybe even denied by the judge. Make sure you hire a lawyer to do it right the first time. Even if you get past the judge, there may be problems down the road when it comes time to enforce the paperwork.

Virginia Divorce Law: Post Divorce Negotiation

Divorce cases in Virginia are all about dividing property that both spouses acquired during the marriage and deciding issues related to the children. However, sometimes decisions have to be made after the divorce is finalized based upon factors such as changes in the law, changing financial needs, and new issues that were not foreseen during the divorce process.

So how do spouses address issues that come up after a divorce, and what options do you have to fix issues that did not appear until after the divorce was finalized?

Virginia Divorces: Separation Agreement versus Court Order

The first thing you need to be aware of is what happens during a divorce process. The first step is to finalize the divorce. A divorce can be finalized either by an agreement between the parties submitted to the judge for approval or by having a judge decide how property is to be divided. If you are able to reach an agreement, then you can have a Separation Agreement drafted which both sides can sign.

However, if you are unable to come up with an agreement, then the judge will have a trial and enter a Final Decree of Divorce which details how the property will be divided.

It is important to understand this difference because your ability to change things post divorce may depend on whether you have a Separation Agreement or a Decree that came about from a trial. There may be more limitations if it was a decree than if it was a Separation Agreement.

Reasons to Modify a Separation Agreement

There are several scenarios where you may want to modify a Separation Agreement. For example, a change in income may require a reduction or increase in spousal support. Perhaps you and your ex-spouse are having problems selling the real estate and the Separation Agreement doesn’t say what needs to happen. Or maybe there has been a change in retirement benefits and now one of you are not getting what you expected out fo the retirement accounts.

So how do you modify a Separation Agreement to address these issues?

Modifications Post Divorce

Do you have a Separation Agreement or a final decree and you and your spouse agree that it needs to be modified? There are two major different ways of handling that issue. It largely depends on what needs to be modified. If you are seeking to modify spousal support, that is going to be more complicated than if you are seeking to modify an agreement on how real estate is to be sold.

If you are dealing with spousal support modifications, you need to make sure that any agreement you and your spouse come up with is approved by the judge. If you come to a private agreement to modify support but do not get judge approval, that may result in a nasty surprise several months later when your spouse attempts to enforce the original order.

It is far simpler to modify provisions related to dividing assets such as real estate. Courts offer more lattitude to parties who are trying to figure out how to handle post-divorce sale of real estate.

Why You Need a Divorce Lawyer

Whether you and your spouse have agreed to modify spousal support post-divorce or whether the old Separation Agreement is interferring with the sale of real estate, it is important to consult with a local divorce lawyer to discuss your options. You need to make sure that you follow the correct procedure and get the appropriate approvals before moving forward and relying on those agreements. Failure to go through the proper procedures could result in the post-divorce agreement being invalidated. Make sure you call a lawyer before modifying a Separation Agreement or Order after your divorce.

Virginia Family Law: Changes to Grandparent Visitation

In Virginia, the Court system has historically not been kind to the rights of grandparents. Biological parents would traditionally have a veto power as to the ability of a grandparent to ask for custody. If a grandparent wanted visitation over the objection of the parents, they would have to meet a strong burden known as “actual harm.” However, that lawa has recently changed. So what are the changes to grandparent visitation rights, and what do you need to know if you are a grandparent in Virginia?

The Old Law

In order to understand what the current rules are for grandparent grandparent rights, you need to understand what the old rules were. These rules fall into two categories: custody and visitation

Grandparent rights: custody

Custody means two things: making decisions for the upbringing of a child and being the primary residence for the child. Under the old rules, a grandparent would not be able to ask for custody if both biological parents objected without proving that both parents were “unfit” or a number of special circumstances. Unfit means that the parents are not able to exercise their job as custodians.

Common examples of being “unfit” include excessive substance abuse, mental health disorders, and abuse or neglect. A grandparent may also be successful by showing that the parents previously gave up their custody voluntarily to a third person or to a different grandparent.

There are some more complicated rules if only one of the parents object, but there is still a high burden for grandparents to get custody.

Grandparent rights: visitation

Under Virginia law, Visitation means being able to spend time with your grandchildren. Under old Virginia rules, a grandparent could only get visitation over the objection of the parents by showing “actual harm.” This means that the child would be harmed, whether psychologically or physically, if they were unable to see their grandparents. This was also a high burden for grandparents, and few were successful in meeting that standard.

Virginia Grandparents Rights: The New Law

Starting in 2021, grandparents now have an additional ability to ask for visitation under limited circumstances. If one of the biological parents pass away, and that parent wanted the grandparent to have visitation, then the grandparent can ask the Court for visitation. The idea behind the law is that whole families were being cut off whenever one of the biological parents would pass away. As a result, it is now easier in some scenarios to ask the Court for visitation, but not custody.

Why You Need a Custody Lawyer

As a result of all these changes, it is more important than ever to talk to a lawyer if you are interested in asking for visitation or custody rights for a grandchild. An experienced lawyer can help you navigate these complicated laws and present your case to the Court.

Virginia Criminal Defense Law: New Drug Overdose Law

Have you or a loved one been charged with a drug related offense after a 9-11 call for an overdose? The Virginia Legislature recently passed a new law that has been getting attention from the court system that may offer some protections. So what is this new law and what does it mean for drug related cases?

What is the New Virginia Drug Overdose Law?

The new law was approved on April 9, 2020. It provides that “No individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol, possession of a controlled substance, possession of marijuana, intoxication in public, or possession of controlled paraphernalia” so long as certain criteria are met.

The criteria in order to be eligible under the new overdose law are:

1. Someone is experiencing an overdose;

2. Someone seeks emergency medical treatment;

3. The individuals remain at the scene;

4. The individuals identify themselves to law enforcement;

5. The only way the police knew of the incident was a result of the request for emergency medical treatment.

What Are Some of the Issues With The New Overdose Law?

Judges around Virginia are being asked to interpret this new law as a result of some vague phrasing by the Virginia legislature. Judges have ruled that in order to be eligible for protection under this new law, it must be a life-threatening and immediate need for medical attention. If the person suffering from a drug related overdose is not in an immediate, life-threatening condition, then they may not be eligible for protection under this new law.

Why Do You Need to Immediately Talk to a Criminal Defense Lawyer?

Drug related offenses can carry substantial punishments such as extended periods of incarceration in either jail or the state penitentiary. Many of the crimes you can be charged with are felonies, which can have long lasting consequences. If you have been charged with a drug related offense as a result of an overdose, you need to contact a criminal defense lawyer in your local area to discuss your rights in more detail, and whether you qualify for protection under the new law.