IF WE AGREE ON EVERYTHING, DO WE STILL NEED A LAWYER TO DIVORCE IN VIRGINIA?
When a couple agrees on the division of custodial time of minor children, assets and debts, it may be tempting to proceed without a lawyer. After all, lawyers are just for people who disagree, right? Experienced family lawyer Michelle Hopkins offers insight on difference facets to consider when making important this decision.
What Would A Lawyer Do If A Couple Agrees?
Lawyers do not just negotiate disagreements; they offer invaluable knowledge of the Court system in the client’s jurisdiction. An experienced lawyer who regularly handles divorces in your jurisdiction knows the ins and outs of the system and processes, making the filing process as smooth and efficient as possible.
Next, assume that you understand the processes well enough to file independently. The documents that must be prepared to be filed are another beast entirely. By writing your own settlement agreement without the assistance of an attorney, you may unknowingly agree to something that is detrimental to your position. You and your spouse may be on good terms now, but a future argument could derail the current good standing, sending you both back to the agreement to protect yourselves. A good settlement agreement offers both parties varying degrees of protection and compromise. An experienced family lawyer such as Michelle Hopkins would fight for your protection in your settlement agreement, as well as offer valuable advice to you on the best places to compromise to get there.
Forms Do Not Work
There are websites that advertise forms to purchase for a DIY divorce, where you have the option to download and fill in your information. Most of these forms are not specific to Virginia, which is problematic upon review by a Judge. Even if they are advertised to be, they are often as full of holes as a slice of Swiss cheese, as they are written to be broad enough to suit a variety of situations rather than your own.
Divorces Are Not A Good DIY Project
If you enjoy DIY projects, you may believe with some research and well spent time you may successfully navigate and file your divorce independently of a lawyer. However, this is not usually the case.
A poorly written settlement agreement not reviewed by an attorney protecting your needs not only negatively impacts your rights in your divorce, but it may even be rejected by the Court.
Many people unacquainted with the legal system make major mistakes when writing their own settlement agreement and divorce packets, which can delay the process and/or negatively impact them by losing valuable assets they did not know they were entitled to.
Do Not Leave Assets On The Table When You Walk Away
The entire point of litigating a divorce is when a couple cannot agree on how to separate some aspect of the marriage or one party is not cooperating with the divorce process. Otherwise, a couple never sees the inside of the Courtroom to finalize their divorce. When a couple is not able to agree, it is critical discuss the matter with a good lawyer such as Michelle Hopkins or Sydney Remaily.
Based upon Michelle Hopkins’ extensive experience litigating divorces, she advises clients on whether or not they are leaving something on the table that they are entitled to under Virginia law, and what she has seen Judges award in other cases, which is called case law.
For example, if your spouse is arguing that you should not receive any portion of their retirement account, speaking with an attorney at The Hopkins Law Firm would help you understand what portion, if any, of the account that you are truly entitled to based upon the facts of your marriage, the law and case law in the state of Virginia.
Do It Right The First Time
If you want to file your divorce correctly the first time, it is wise to hire a lawyer. Michelle has had clients who attempted to file for divorce without the assistance of a lawyer come to her for help after making a mistake. Even those who thoroughly researched the jurisdiction’s process before filing may make a misstep that they need help navigating. While more research may help you reorient in the right direction, it may still significantly delay the proceedings and waste your time.
Get The Guidance You Need
Dividing the life you built together is not always an easy thing to do. A good lawyer can offer guidance and advice as you navigate separation and dividing custody, assets and debts through the divorce process.
Without solid legal counsel, you may agree to walk away from significant assets that you were entitled to. One of Michelle Hopkins’ strengths as a family lawyer is fighting for her client’s best interests to help them become independently established on the other side of their divorce.
A pushy spouse may believe you are not entitled to leave the marriage with certain assets based upon their desires, when in fact, Virginia law may see things quite differently, and you would receive a share if a Judge was involved. Michelle advises clients based upon cases she has litigated if they are truly entitled to something, or if it is best to let go of something in an effort to keep the peace and just reach the finish line. She also helps clients balance the emotional aspect if they feel they need to fight for a principal, which has the potential to be a costly mistake.
How Can The Hopkins Law Firm Help Me?
No matter what stage your divorce is in, whether you are weighing the pros and cons of a DIY divorce, or if you began filing independently and discovered you need help, The Hopkins Law Firm can help you reach the finish line. Lawyers Michelle Hopkins and Sydney Remaily are ready to provide you with empathetic, strategic and strong legal counsel for your divorce in Prince William County, Virginia and surrounding areas. Please do not hesitate to contact their office today at 571-248-2210 or info@mhopkinslaw.com to schedule a consultation. Michelle Hopkins and her legal team are waiting to help you!