Importance Of Having A Plan Before You File For Divorce
As a Fairfax, VA family law attorney, I am asked the same question by many new and potential clients: "What do I do first in the divorce process?" My answer consistently is, "Slow down and make a plan." Most people decide that they want a divorce for valid but emotional reasons: irreconcilable differences, unfaithful spouse, abusive tendencies, etc. However, aside from making the decision to leave, they are ill prepared for the other questions that will eventually have to be answered. Developing an exit strategy with your family law attorney is one of the wisest courses of action that you can take before you let your spouse know that you out of the marriage.
Financial Decisions
A significant part of family law in Virginia is dedicated to the division of assets and debts in divorce. Unless there is a prenuptial agreement in place, when you and your spouse are divorced, you are both likely to get nearly equal shares of the marital property. For this reason, if you're planning on moving any money around, it's a good idea to do it before you announce your decision to divorce. For instance, you might have a balance on a credit card. If that's the case, it might be in your best interest to use some of that money to pay it off before you file for divorce. That way, that portion of your savings will not become "marital property" and added to the asset pool. A qualified VA divorce lawyer can assist you in identifying ways to protect property and money that you deem as individually owned, but might not be recognized that way by the courts.
Gather Evidence in Advance
If you are planning on using your spouse's actions or behavior against him or her in the divorce proceedings or in a child custody battle, it only makes sense to gather evidence and document behavior patterns before he or she can alter them.
For instance, if a part of your argument is that your spouse pays little attention to your child, begin making notes of his or her indifference before you inform them of what's happening. It's surprising how often an absentee father or mother will redouble his or her efforts once notified of the intent to terminate a marriage.
Another example would be the ability to check a cell phone. You may have access to your husband's or wife's personal phone now, but that will probably change after you announce your intention to divorce.
Education and Mental Preparation for Litigation
Take some time before you tell your spouse of your intent to divorce to learn what sort of behavior can damage your case. For instance, leaving your children with your spouse while you move to your parents' house outside of Virginia would probably damage a child custody case. Additionally, if you are seeking alimony, you should know that having an extramarital affair prohibits you from collecting spousal support in Virginia. Knowing the laws and behaving accordingly can assist you greatly in recognizing your goals in a divorce proceeding.
If you are seeking a divorce in Fairfax or anywhere else in the Commonwealth of Virginia, contact a reputable family law attorney before informing your husband or wife. The future of your divorce case may depend on it.
Virginia Divorce and Family Law Attorney Claudia Zucker
Do you need help planning an exit strategy for your divorce? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.
