Novels and television shows have given people the impression that once the decision to separate and divorce has been reached, you have no option but to duke it out in court and let a judge decide everything. The fact is, any divorcing couple can â and likely should â at least try to agree about how to handle their separation without court involvement. For advice on separation agreements, Virginia Beach offers many experienced and competent attorneys who can guide each spouse towards a settlement that will be accepted by any court. The real question is how do you choose the right attorney for you? Linda Shin at Cedar Law Center can help you negotiate a separation agreement with your spouse in several ways: through mediation, through a team-based approach called Collaborative Practice, or through representation in a more traditional lawyer role.
A separation agreement is not a divorce. It is a contract between the divorcing spouses that seeks to settle all property divisions, custody issues, support arrangements, and any other aspect of the divorce to their mutual satisfaction. As a contract, is governed by contract law and has to comply with standard contractual terms: It must be signed without duress, it must be fully understood by both parties. If it is going to be entered as an order by a court, it must also be reviewed and accepted by a judge. For guidance on the preparation of acceptable separation agreements, Virginia Beach attorney Linda Shin offers a number of options that either you alone, or you and your spouse may want to hear about.
The power of the separation agreement is that it keeps control of the divorce within the hands of the people most affected by it: The spouses. While a judge will, of course, attempt to render a reasonable and workable divorce decree, when the spouses work together, they can craft an agreement that, when merged with the divorce decree, gives them complete control over their post-divorce life while keeping relations civil. Instead of arguing over every detail in front of a judge, the spouses negotiate through their attorneys and arrive at workable, sustainable solutions to each aspect of the divorce. While the court may adjust the terms of the agreement, this is uncommon. Call Linda Shin at Cedar Law Center today at 757-490-7802 to schedule an appointment or find out about an educational seminar you can attend to learn more.