Divorce can be one of the most stressful events in your life, from an emotional, financial, and legal standpoint. For this reason, if you need to file for divorce in Virginia, it’s recommended that you do so with the help of an experienced divorce lawyer – especially if you and your spouse have minor children together.
There are some cases in which a DIY divorce could be possible, with a little DIY legal help. However, you may want to consider the benefits of retaining an attorney first. Here’s how to decide what’s right for your situation.
When should you hire a divorce attorney?
Though it’s always advisable to hire a divorce lawyer, it is especially important to do so when you’re in a complicated situation related to finances, custody of children, or other sensitive legal matters with your spouse.
Here’s when you should hire a divorce lawyer:
- You own a business with your spouse: It can be difficult to figure out how to properly divide assets and ownership of a business, so a divorce attorney will be invaluable. You’ll also need appraisers to assess the business’ worth, and possibly consultants.
- You expect a child custody battle: If you expect your spouse to challenge you on custody arrangements for your minor children, you’ll likely need a divorce lawyer to represent you in the case.
- You have significant assets: It will be much harder to divide assets if you and your spouse have more than one bank account, properties, vehicles, and other assets that need to be fairly divided. An attorney can help represent you and your needs in court.
- You were the victim of domestic abuse: A spouse who is verbally or physically abusive could intimidate or coerce you into a divorce deal that is unfavorable if you choose a DIY divorce. An attorney can be your voice and advocate.
- You or your spouse are/were in the military: A military divorce can be much more complex. A lawyer can help with the division of military pension, benefits, and more.
If you’re at all unsure of the legal process involved for filing for divorce in Virginia, your best bet is to hire a divorce lawyer. The professional will be your guide throughout, including helping with paperwork, explaining the process, and helping you understand what you can expect at each stage.
When can you use DIY legal help for your divorce?
Not all divorces are bitter, nasty battles. Sometimes a mutual decision to split with a spouse can be amicable and both parties agree to work out the terms of their divorce on their own. If this is the case for you, you and your spouse may be able to represent yourselves (also known as appearing pro se) in your divorce case.
Here are a few scenarios in which a DIY divorce could be feasible:
- You have no children, or no minor children: With no child custody and visitation issues at stake, the divorce process may be simpler for you and your spouse. You may be able to lean on the support of a mediator, who can help decide what’s fair for both parties
- You expect an uncontested divorce: If you and your spouse can amicably divide your assets and debts, you may wish to create a divorce settlement agreement upon separating. Once you meet Virginia’s separation period criteria, you may then file for an uncontested divorce. If you go this route, a DIY legal coach can help you through the required paperwork and filing steps, so you can feel prepared to represent yourself in court..
- You have limited funds: Not everyone can afford to retain a divorce lawyer throughout their case. However, DIY legal help can be an affordable option if you require assistance. You’ll get the help of an attorney, the paperwork you need to fill out, file, and document, and guidance.
Consult an experienced family law attorney
No one should have to go it alone in divorce proceedings. A divorce lawyer is meant to help you navigate a stressful and emotional situation. Even if you are unsure whether you need an attorney for your divorce case, it is always advisable to consult with a legal professional before filing any court paperwork.
Remember, a DIY divorce is possible in certain circumstances, but having the help of an attorney is indispensable. My Legal Case Coach, a division of the Law Office of Patricia E. Tichenor, makes it affordable to get the DIY legal assistance you need, so you can get through your divorce without creating additional hardship for yourself.
If you’re planning to file for divorce in Virginia and would like to hire an attorney, contact us to learn how we can help.