Virginia Divorce Law: Types of Divorce Lawyers

If you are interested in hiring an attorney to represent you in your divorce case or you are going up against an another lawyer without help, it is important to know what kinds of divorce lawyers there are. The different types of divorce lawyers may have an impact on how you should handle your case.

Attorneys are people and we all come with our own personalities and trial strategies. So what are the most common types of divorce lawyers and what should you be aware of when looking for your own, and does any one type of lawyer win out?

Divorce Lawyer One: The Bull Dog/Pit Bull

This is the most common view that people have of divorce lawyers. These lawyers spend most of their time posturing and engage in aggressive litigation tactics. Commonly, a bull dog/pit bull lawyer will be confrontational in their strategy. They are also more willing to directly adopt their client’s position whenever filing something with the Court.

The major benefit of a bull dog/pit bull lawyer is that your voice will be directly conveyed to the judge. However, this strategy can come with some downsides. Being overly aggressive without reason can lead to an award of legal fees at the end of the case against the person who hired the bull dog/pit bull lawyer. It can also drive up your legal bill.

Confrontational without purpose is a bad thing from the Court’s perspective. The Court ultimately wants reasonable settlement discussion without all cases going to trial.

Divorce Lawyer Two: The Negotiator

A negotiator type of lawyer is focused on gaining every strategic advantage they can through settlement negotiation and smart use of court procedures. This type of lawyer focuses on sending well drafted settlement proposals which are designed to get the parties talking.

The major benefit of a negotiator type of lawyer is that their main focus is getting you the best possible result. The negotiator sets their sights on the most likely outcome and tries to get a resolution as close to that as possible.

The downside of a negotiator type of lawyer is that they may not engage in the aggressive and confrontational strategies of a bull dog/pit bull lawyer. They may also try to avoid active litigation if they don’t feel it advances the case.

Divoce Lawyer Three: The Litigator

The last major type of divorce lawyer is the litigator. They often drive up the cost of a divorce case by taking most issues directly to the Court without substantial settlement discussions. The purpose of driving up the cost may force the other side to the negotiation table to resolve the case or may catch them in a legal problem that adversely impacts their case.

The major benefit of a litigation focused divorce lawyer is that they often are well versed in legal procedure and spend a substantial amount of time in the Court room. The major downside is that their services often cost a substantial amount of money and the case may take longer to resolve.

What Type of Divorce Lawyer is Best For You?

Every lawyer has different strategies on how they view divorce cases. Some lawyers may take strategies from any one of the above styles to create their own style. At the end of the day, the best lawyer for you is the one that you feel the most comfortable with based upon your own style. It is a bad idea to hire a lawyer that has a different style than your own. The main reason to hire a lawyer is to trust in their presentation of your case and professional judgment.

Having a mismatch of personalities can result in delayed results and bad case outcomes. If you are looking for a divorce lawyer, make sure you ask questions of your lawyer as to what kind of lawyer they are and what strategies are available in your specific case. That way you can make an informed decision before you hire them.

Virginia Divorce Law: Understanding Settlement Negotiations

In a previous post, I discussed the various alternatives to a nasty divorce trial. One of those major alternatives was settlement negotiation. Settlement negotiation is the process where you and the other side try to negotiate an acceptable resolution for both of you. It is important to consider settlement as an option, as generally nobody gets exactly what they want when cases go in front of a judge. It is better to get something you can live with on your own terms than to risk getting something that could be seen as wildly unfair by both parties.

So what happens during settlement negotiations, and what is the process?

Are You Bound by Settlement Offers?

If you make an offer during settlement negotiations, do you have an opportunity to retract that offer? The answer is generally yes. At least until there is a signed agreement. However, there are some risks in retracting a previous offer.

Virginia law tries to encourage parties to come to a fair resolution on their own and to not waste unnecessary legal expenses. In Virginia, if the Court believes someone is unnecessarily delaying proceedings and being unreasonable, that person can be ordered to pay the legal fees of the other side.

Furthermore, going back on settlement offers can have a discouraging effect on the other side. They may not be willing to consider your new settlement offers if they feel you are being unfair and reneging on previous offers.

What is a Valid Settlement Offer?

Generally speaking, a settlement offer should include all the issues that the court would have to deal with if the case goes to trial. You do not want to leave items on the table. A court will only enter a settlement agreement if all the items have been resolved. For example, if you forget to talk about life insurance or bank accounts, then you do not have a complete settlement offer.

A settlement offer typically takes the form of a proposed separation agreement or an itemized letter. Settlement offers are best done in writing, so there is some proof of the offer in case you have to go to court.

Can Settlement Offers be Used Against You?

Virginia law discourages the use of settlement offers in court. The purpose of this rule is to encourage good faith settlement discussions. So long as you properly label your settlement offers, then the only real use for those offers is to establish legal fees if the other side is being unreasonable. However, if you do not adequately label your settlement offers they could be used against you.

Why You Need a Divorce Lawyer

If you are in settlement negotiations, it is important to hire a divorce lawyer. A divorce lawyer will know how to properly label settlement negotiations to prevent them from being used against you later. A divorce lawyer can also help you understand what is a fair offer, so you do not risk an award of legal fees if the matter does not get resolved and goes to court. If you are considering a divorce, hire a lawyer.

Virginia Divorce: Property Settlement Agreements

If you or your spouse is considering a divorce, there are some steps that can be taken now to protect both of your assets and your children. A Property Settlement Agreement is a written document which outlines how marital debt, marital property, and child custody will be addressed while the divorce is pending. This document is vital to have as it can save substantial legal fees from having the court make these decisions. However, there are also dangers to these documents.

What do you need to be aware of when entering into a Property Settlement Agreement?

It is a binding contract.

Virginia law is very clear on this matter, a Property Settlement Agreement is a binding contract. Therefore, you have to be very careful in reviewing the terms of the agreement before signing it. These documents may be drafted by a lawyer, and may include provisions that could prove harmful to you down the line. If there are such provisions in the contract, a court will be reluctant to change the provisions of the contract.

A common example of a dangerous provision relates to spousal support. Virginia law allows a Property Settlement Agreement to state that the amount of support may not be modified. That means, in the event that you lose your job and are obligated to pay support, you will not be able to reduce that amount without a prohibitively expensive court battle.

It requires certain provisions to be valid.

Virginia law requires that a Property Settlement Agreement contain specific provisions to be considered valid. Failure to include these provisions may result in the document being declared invalid by a court of law in the future. If you fail to consult with a lawyer during the drafting process, all of your efforts may prove to have been in vain.

It needs to be exhaustive.

Finally, a Property Settlement Agreement needs to address every aspect of your marital property. It needs to address debt, support, custody, visitation, etc. Failure to include a portion of the marital estate into the document may result in bad consequences such as a contested divorce case or the loss of certain retirement assets. It may even make qualifying for Medicaid more difficult.

Why you need a lawyer.

A lawyer is essential in creating a Property Settlement Agreement. For the reasons stated above, Virginia Law is strict about what can or cannot be included in the document. Furthermore, there may be words in the document that can be harmful to you. Therefore, if you are considering a Property Settlement Agreement, consult a lawyer for review prior to signing.