Separation Agreements Virginia Beach

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 ‚?? and likely should ‚?? 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.

Virginia Beach Family Law Attorney

One of the frequently overlooked aspects of any situation that might require the services of a Virginia Beach family law attorney is one of practicality: Many people, in the heat of an emotional family conflict, try to punish the other spouse or impose a settlement or judgment that makes them pay for the harm caused during the marriage. But ‚??victories‚?Ě won this way often prove to be short-lived, and they come at a much higher price, both financially and emotionally, than either of the spouses anticipated. These quarrels can go on for years in court before a judge enters a final decree, but misery does not stop there. When one side or the other ‚??wins‚?Ě in court at the expense of the other, the result is often further litigation, which in turn develops into a cycle of punishment and undermining that never ends.

It‚??s easy to get emotional when a dispute between family members arises‚?? whether it‚??s a custody problem or divorce case, a confusing will or a business problem between family members. These emotions often cause people to lose sight of the true goal: To settle the conflict to maximum satisfaction on all sides. You need an attorney who will guide you and your family through these difficult times with confidence and compassion in the least adversarial way possible for your situation.

Linda Shin, a competent and experienced Virginia Beach family law attorney knows how to navigate the choppy waters of family disputes. She knows when litigation is necessary and when a collaborative process or mediation might be a better choice ‚?? less stressful, friendlier and more private. At Cedar Law Center, the whole staff knows that family issues are very sensitive and they will treat you with the compassion and respect you need. These difficult matters can be extremely complicated and are rarely solved by aggression, and that solutions obtained through aggressive litigation and other similar adversarial tactics don‚??t have staying power, because the losing party immediately seeks to find ways to compromise the judgment or settlement.

Your solutions should be sustainable. When seeking a family law attorney in Virginia Beach, ask the right questions: About practical solutions, about making solutions ‚??stick,‚?Ě and about their approach to volatile and emotional family conflicts that often hover on the edge between resolution and escalation. The key is to put aside your emotions and approach the conflict as you would any other problem ‚?? seeking a solution, not retribution. Linda Shin and Cedar Law Center can help you do all of that. Call 757-490-7802 today for an appointment or to find out about educational seminars that will give you the information you need to make the best choices for your family during this vulnerable time.

Chesapeake Divorce Lawyer

Divorce is an emotional decision for most couples. While a minority of couples approach divorce almost as a business decision, like the dissolution of a partnership, the vast majority of divorce cases are incredibly emotional. These very human factors can make decisions, compromise and cooperation very difficult to achieve without the help and guidance that an experienced Chesapeake divorce lawyer from Cedar Law Center can offer. While our main office is located in Virginia Beach, our founding attorney lives in Chesapeake and we regularly serve clients in Chesapeake.

One of the keys to a successful divorce is knowing what all the terms that get thrown around actually mean. Many people think they know the definitions of words, but in a legal context, words often have different meanings. This is where the guidance of Linda Shin, Chesapeake divorce lawyer, can be essential.

A good example is the term equitable in reference to property division. While courts in the Commonwealth of Virginia will accept any reasonable property division agreement reached by divorcing spouses and will render a judgment if no agreement is possible, the guiding principle in both cases is to seek an ‚??equitable‚?Ě split, but the word equitable does not, as many assume, mean equal. An equal division would simply split all common property down the middle, but the court instead seeks to decide what is fair.

The court will consider the contributions each spouse made towards the acquisition of property, the circumstances of each spouse (including their physical and mental condition), debts and liabilities of each partner (including how much marital debt is being paid by each spouse), tax consequences, custody and support issues, and a myriad of other details when determining property division. Going into a divorce assuming that there will be an automatic even split of all property and assets is a common mistake that often leads to serious miscalculation on the part of people seeking divorces without consulting a Chesapeake divorce lawyer like Linda Shin.

Education is always the key ‚?? knowing the law and its vocabulary is key. Call 757-490-7802 to schedule an appointment with Linda Shin or to find out about educational seminars that will help you understand the legal side of divorce and how it will affect your future.

Child Custody in Norfolk VA

Divorce is often a devastating experience for the entire family. Not only are both former spouses affected for the rest of their lives financially, emotionally, and in many other ways, but their relations and mutual friends are also included in the ‚??blast radius‚?Ě of a divorce.

Children, of course, often bear the brunt of the negative aspects of a divorce. Custody is often a bitter issue between spouses in a divorce, made worse by certain assumptions people make about it. If you need advice on child custody in Norfolk VA practicing attorneys like Linda Shin at Cedar Law Center offer the advice you need to keep your understanding and expectations on track and to set straight inaccurate assumptions like:

  • Physically caring for a child is the same as having custody. This is incorrect; even if you are the primary caregiver for a child, if a previous court order gave physical custody of the child to the other parent, you may still be subject to the terms of the previous order when it comes to child support and other issues that you may not have thought about.
  • Custody is necessary to get child support. This is partially true. If custody changes from one parent to the other, but back child support is owed to the first parent, the second parent will have to keep paying until the back balance is paid off. It‚??s also untrue that a hearing about custody of the child will automatically include child support. While the two issues are usually considered together by a judge, they are not directly tied to each other.
  • A custody order is required. Also untrue. A divorcing couple can come up with their own informal arrangements for their children which will be perfectly legal as long as the child‚??s best interests are being served. In these cases, the court never renders a judgment on the question of custody at all.

You need advice on child custody in Norfolk VA, call attorney Linda Shin today at 757-490-7802 for an appointment or to find out about educational seminars that will help you understand custody in the Commonwealth of Virginia ‚??it‚??s in everyone‚??s best interests that you do so.

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