Couples experiencing problems with their marriage may have several uncertainties about their next steps. They may not know if the relationship is worth saving. They might try several attempts at reconciliation, only to have the same setbacks time and time again. They may ask friends and relatives who have been through the process what to expect if they decide to eventually file for divorce.
What these individuals often fail to realize is that their divorce will be completely different from the experiences of others. Each couple will have unique issues and concerns, and the ability of the spouses to find an agreement on these issues can change quickly once a divorce is filed.
Most couples will have some property that they acquired during the marriage. It might be a house or vehicle that the couple bought while they were together, or perhaps the retirement benefits of one of the spouses. Under Virginia law, each spouse is entitled to an equitable share of the marital property. Some couples may be under the mistaken impression that this means half of the property in question, however, this simply means that each side should receive a fair share.
Determining what is fair is often a major issue in most divorces, and it is important that each person have an attorney assisting with this part of the process. An attorney will be able to analyze the couple’s financial situation and protect their client from making bad decisions.
Couples also need to be sure that they understand the legal ramifications of any child custody agreements they make at this time. If the spouses do not consider some of the issues that accompany custody, such as educational expenses or other items related to raising the child, it could have a severe negative impact on the child. No one wants to have to scramble to find funds when it comes time to send the kids off to college.
You do not want to try to handle your divorce on your own. The consequences of making the wrong decision at this time can impact your family long after the divorce is official. You may make an agreement that restricts the amount of time you can spend with your children, or you may give up certain assets that you are entitled to during the property division portion of the proceedings.
If you are contemplating a divorce, you should consult an experienced family law attorney to learn more about the process in your area. Your attorney will be able to offer you practical advice for your situation, which will help you decide which option is best for you.