When Should I Hire a Lawyer for Divorce?

Divorce is a difficult process in Virginia, but when should you hire a lawyer? Learn more about when it's best to hire an attorney for uncontested or contested divorces.

Rosalyn Mcinerny26/04/20232 minutes 38, seconds read

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Divorce is a difficult process, and it can be hard to know when to hire a lawyer. In Virginia, you don't need to hire a lawyer to get an uncontested divorce, and you can represent yourself during the process. However, there are certain situations where it may be beneficial to hire an attorney. If your case seems complex or if you have unanswered questions, it may be wise to talk to a lawyer.

Virginia law allows for divorce on both “fault-based” and “no-fault” grounds. It's important to understand the difference between the two and what to avoid when filing for divorce.

Divorce attorneys

often see an increase in clients before, during, and after Christmas, as it's easier to get used to an empty house before the holidays. If you wait (and fight) during the season, you can destroy any chance of a friendly split and end up settling your differences in court.

Before filing for divorce, make sure that your marriage is beyond salvation. If there is any possibility that you and your spouse could get back together, go see a marriage counselor instead of a lawyer. Your lawyer should provide you with copies of all documents sent between your lawyer and the opposing attorney or filed in court. Your lawyer and staff owe one hundred percent loyalty to you and your case, so they owe nothing at all to your spouse.

The request for change of name can be included in the divorce decree, which is filed at the end of a divorce case. If only one party has filed a petition for divorce, only that party has to consent to dismiss the case. Virginia Legal Aid created an easy-to-use guide to help you file a no-fault divorce, which contains valuable information for anyone filing for divorce. An application must be filed within 60 days after the divorce is finalized to receive COBRA benefits.

Once your spouse has obtained an attorney, it's best to hire an experienced lawyer who can explain your rights and responsibilities and obtain the best possible outcome for you and your family. Your lawyer should also help you understand any changes in health insurance laws that may affect you. If both spouses agree on the terms of the agreement, the judge may issue a divorce decree without either party having to appear in person. If you have contested or complicated divorce issues where you need a lawyer and can't afford one, you'll find links on this page to help you find your local legal aid office.

If you and your spouse can reach an amicable settlement on your own, you can file what is known as an uncontested divorce. It's best to hire a lawyer as soon as you start considering divorce or as soon as you receive the divorce papers. An experienced family law attorney can advise you on the proposed settlement, ensure that all documents are completed correctly, and ensure that everything is submitted on time. The information provided on this site is not legal advice, does not constitute a lawyer referral service and no confidential or attorney-client relationship is established or will be formed through the use of the site.

Next postCan You Get Divorced in Massachusetts Without a Lawyer?

Rosalyn Mcinerny

Rosalyn McInerny was born on a crisp autumn day in 1979, in the picturesque town of Daly City, California. Raised in a close-knit family, she learned early on the values of empathy, compassion, and perseverance. Her parents, both teachers, instilled in her the importance of education and the power of knowledge.

Rosalyn's academic journey began at a young age when she displayed an exceptional aptitude for learning. Her passion for studying human behavior and societal dynamics led her to excel in high school. In 1997, she earned a scholarship to attend Princeton University, where she majored in Psychology and minored in Sociology.

During her time at Princeton, Rosalyn became known for her dedication to helping others. She volunteered at the campus counseling center, providing support to students facing emotional challenges. It was during this time that she first glimpsed her future calling in the field of family law.

In 2001, Rosalyn graduated with honors, armed with a profound understanding of human relationships and a desire to make a meaningful impact on people's lives. She decided to pursue a career in law, a path that would enable her to use her knowledge and empathy to assist those navigating the complex and emotionally charged world of divorce.

After completing law school and passing the bar exam, Rosalyn quickly established herself as a rising star in the field of family law. Her deep understanding of human behavior and her empathetic approach to clients set her apart from her peers. In 2007, she joined Daly City Divorce Lawyers, a prestigious law firm specializing in divorce cases.

Rosalyn's passion for helping women going through divorce became her life's mission. She dedicated countless hours to understanding the unique challenges women face during this tumultuous period. Her dedication led her to write two influential books on the subject, "Unveiling Strength: A Woman's Guide to Divorce" and "Breaking Free:Empowering Women in Divorce."

Outside of her career, Rosalyn is a loving wife and devoted mother of two. She believes in the importance of a strong support system and encourages her clients to lean on their loved ones during challenging times.

As a partner at Daly City Divorce Lawyers, Rosalyn McInerny continues to make a difference in the lives of women seeking guidance through the difficult process of divorce. Her dedication, empathy, and unwavering commitment to her clients have earned her a reputation as a compassionate and knowledgeable advocate.

Rosalyn McInerny's story is one of resilience and compassion. She is a shining example of how one person's determination and empathy can positively impact the lives of countless others, helping them find strength and hope in the face of adversity.