The legal process of separating from your partner or spouse in Virginia can be a headache after making the difficult decision to end your relationship. You’re forced to pick up the pieces of the life you’ve lived with this person and chart a path toward a new one. When things get contentious, it can feel frustrating and isolating.
We know because we’ve been there, standing beside Virginians and their families through contentious divorces. Virginia family law is what we do, and we take pride in helping people handle these situations with grace, dignity, and confidence. Over time, we’ve developed three key pieces of advice that we want to share with anyone going through a difficult separation or divorce in Virginia.
- Do Not Say Anything Presented to You By Your Spouse
Your spouse (or partner) has a lot to gain in the divorce/separation process. They are also trying to start a new life on the other side of this process, so they have an incentive to mislead you. They may claim they’re acting in your best interest or in the best interest of both sides, but you need to tread carefully.
For example, if your spouse wants you to lie about a specific circumstance of your marriage just to smooth over the Virginia divorce process, it’s hard to come back from it. They may want you to lie about what is separate property and give you a “handshake agreement” to relent in some other area of your case, but if it’s not said in front of the courtroom or your attorney then it could become a he said-she said and a lose-lose for you and your family.
- Promptly Respond to Deadlines
If you’re served with legal paperwork that comes with a deadline then it’s imperative to promptly respond to avoid penalties and protect your legal rights. The caveat to this is that you should have your Virginia family law attorney review the paperwork to verify its legality, accuracy, and relevancy to your case.
An example of this is receiving a complaint that contains allegations against you. In many cases, these complaints will come with a deadline whereas the allegations are assumed to be true if there is no response by the aforementioned deadline. A failure to respond could put falsities onto the record and make your life more difficult in your separation.
- Protect Your Funds Left in Joint Accounts
It’s natural to comingle funds in your marriage or relationship, but if things turn south it’s imperative that you immediately protect your funds. In most cases, Virginia family courts will split funds from joint accounts down the middle—so you are entitled to half. It may be best to remove half of the joint funds into a private account, especially if you have reason to believe your soon-to-be-ex will attempt to remove those funds or incur debt in your name.
If the court later decides the split isn’t exactly even, you are still able to trace the transaction with paperwork and return (or gain) any excess funds the court decides to issue.
Bonus Advice: Always Consult with Your Attorney
There is no secret formula to an easy Virginia divorce case. The very best advice we can give you is to always consult with your Virginia family law attorney before making important decisions in your divorce or separation. Contact Rinehart Bryant and get the representation you and your family deserve during this difficult time.
Rinehart Bryant, PLLC
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