Meeting and Choosing a Divorce Attorney

What to Consider in a Divorce in Virginia?

Separation or divorce is a process that involves many decisions. There are major decisions that need to be made about where and with whom the children will live, and what a parenting schedule might look like. Child support, alimony, and the division of marital property and debt also need to be evaluated during the divorce process.

This is why choosing a divorce attorney who has your best interests in mind is crucial to get you the settlement you deserve.  A divorce lawyer at Wexell Milman in Fairfax County, Virginia will assist you in evaluating whether these important issues are best resolved through negotiation or trial.

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How to Choose an Attorney for Divorce? The First Steps

One of the most critical decisions you have to make is also the first: choosing the right family law attorney for you and your unique situation.

A good first step in meeting and choosing a divorce attorney is to evaluate your needs and objectives. You should also focus on hiring a divorce lawyer who is experienced and able to meet your needs and achieve your objectives.

First Meeting with a Lawyer For a Divorce

Our family lawyers offer initial consultations at a reduced hourly rate. You will come away from the meeting with a real sense of your options. Initial consultations are sometimes offered by family law attorneys at no charge, but keep in mind the old adage – “you get what you pay for”. Our initial consultations are thorough; informative; and we will address your questions. So don’t limit yourself to lawyers who do these consultations at no cost.

During your initial contact with a family law attorney, ask questions about:

• What are your fees and costs?
• What is your legal experience with contested and uncontested divorce cases, and what percentage of your practice is devoted to family law and issues such as child custody, spousal and child support, property division, and debt division?
• How you would approach my divorce case? Try to get a sense of how often they litigate – versus settle – their cases.
• How do you handle cases like mine?
• How do you assess the likely outcomes of my case?
• What role will I play in the divorce process?

In choosing a divorce lawyer to handle your family law matter, you should not only choose someone you have confidence in, but also someone with whom you are comfortable. Remember: you will be communicating with this attorney about some of the most important aspects of your life, so you must feel comfortable about sharing personal information with the attorney you choose.

Choosing the Right Divorce Lawyer

One of the most important aspects of choosing the right divorce lawyer is understanding their approach to your case. The divorce process can go in many directions, from straightforward and amicable settlements to more complex and contentious litigation. It’s important to choose an attorney whose approach aligns with your desires for how the case should unfold.

• Litigation vs. Mediation: If you anticipate a long, drawn-out courtroom battle, you may want to hire a lawyer who is prepared to represent you aggressively in litigation. If you prefer a more peaceful resolution, you might consider a lawyer who focuses on mediation and collaborative divorce. Understanding your lawyer’s approach will help guide your expectations.
• Collaborative Divorce: A collaborative divorce focuses on resolving matters outside of court. This method involves both parties and their attorneys working together to resolve issues such as property division, child custody, and spousal support. If you are seeking a more amicable divorce process, choosing an attorney with experience in collaborative divorce may be ideal.

Do I Need a Divorce Lawyer if We Agree on Everything?

Even if both parties in a divorce agree on all terms, it is still highly recommended to consult with our divorce lawyer at Wexell Milman. Here’s why:

• Legal Guidance: Divorce can involve complex legal procedures, especially in areas like property division, spousal support, and child custody. A divorce lawyer can ensure that all necessary legal steps are properly followed, preventing future issues from arising.
• Protecting Your Rights: It’s possible that one party may unknowingly give up rights or entitlements during the divorce settlement. A lawyer can review the agreement and ensure it is fair and in your best interest, protecting you from potential future complications.
• Ensuring Proper Documentation: A lawyer can help ensure that all necessary legal documents are correctly filled out and filed with the court. This includes ensuring that any settlement agreement is legally enforceable and filed as part of your divorce.
• State-Specific Requirements: Each state has its own divorce laws and requirements. A lawyer who is familiar with the laws of your state can help you navigate the specific requirements and ensure the process is done correctly.

In short, even if you and your spouse agree on everything, having a lawyer can help protect your rights, ensure fairness, and prevent legal issues in the future. It’s a wise step to take to avoid complications later on.

When to Call a Divorce Lawyer?

Knowing when to call a divorce lawyer is crucial in ensuring that the process goes smoothly. Below are some key situations when you should reach out to a lawyer:

• When You Don’t Agree on Major Issues: If you and your spouse disagree on significant issues, such as property division, spousal support, child custody, or visitation, it’s time to call a lawyer. Divorce lawyers are skilled in negotiating these issues and representing your interests.
• If Domestic Violence Is Involved: If there is a history of abuse or domestic violence, a divorce lawyer is essential to ensure your safety and protect your rights during the divorce process. Lawyers can also help secure protective orders and handle issues related to child custody.
• If You Have Children: Divorce cases involving children are more complex, especially when determining child custody, child support, and visitation rights. A divorce lawyer can help guide you through these complicated aspects and ensure that the best interests of your children are protected.
• If There Are Assets or Debts to Be Divided: If you and your spouse have significant assets (e.g., real estate, investments, or retirement accounts) or debts to divide, a divorce lawyer can help ensure that the division is fair and according to the law.
• If You Have a Complex Financial Situation: If your finances are complicated due to business ownership, significant assets, or investments, a lawyer can help you navigate these issues to ensure an equitable settlement.
• If You Are Considering Modifications or Enforcement: If you are dealing with the enforcement of a divorce decree or the modification of a custody or support arrangement, a divorce lawyer can help you understand the legal process and ensure that your rights are protected.
• If You Have Been Served Divorce Papers: If your spouse files for divorce and you are served with papers, you should immediately contact a lawyer. They can help you understand the documents, protect your rights, and assist with your response.

Ultimately, it’s important to seek legal advice whenever you’re unsure about your rights or the divorce process. A divorce lawyer can help you make decisions that protect your future and navigate the often complex legal terrain of divorce.

Before Choosing an Attorney, Schedule a Consultation at Wexell Milman Today

We thank you for taking the time to consider Wexell Milman for your legal representation. Our divorce lawyers handle family law and divorce-related legal issues for clients in Fairfax County and throughout the surrounding areas of Northern Virginia. 

To schedule an initial consultation, call us at (703) 454-5448 or contact us online.