The most frequent question family lawyers hear from their clients is “when will this be over?!” From the first day when a spouse learns that his or her marriage is irretrievably broken, until the final divorce decree is entered, can be a very long period of time, occasionally stretching years. Lawyers who specialize in divorce are great problem solvers but they are also tasked to be zealous advocates for their clients at all times.
This means, among other reasons, they will be delving into all of the financial details of the marriage and at the same time, if there are minor children involved, setting the stage to obtain the best possible custody result for his or her client. The court looks for the result which is in the best interest of the children. It behooves the lawyer to illustrate to the court that the best interests of the children mean having legal or primary physical custody of the children with his or her client.
However, custody disputes rarely work in such a way that the children are not left permanently scarred from the process and alienated from one or both parents. The financial information, whether large or small, will be determined through the court discovery process and the utilization of experts to explain the pertinent details so the court can make an informed judgment as to spousal support, equitable distribution and the like. However, custody disputes rarely work in such a way that the children are not left permanently scarred from the process and alienated from one or both parents.
Consequently, it is critical that the sensitive matters of child custody and all divorce matters should be resolved through mediation. All of the information found in discovery can and will be used to settle a case through mediation. So, how long should this go on?
“Do I have to come to court?” is another frequent refrain from divorce clients. The most learned of divorce lawyers will always answer, not necessarily. Once the discovery process is complete and there has been a full mutual disclosure of all of the assets and liabilities of the parties, divorce lawyers know that almost always mediation is the way to go.
Skillful and responsible representation of a client includes creative solutions to get the divorce action settled without having the court hear days of testimony, expert summaries, custody evaluations and the judge to make a decision based on all of the evidence received after, frequently, days of testimony. Even after spending tens of thousands of dollars getting the matter tried, there is frequently no finality to it. Once an agreement is reached through mediation, the process is profoundly simple.
The vast majority of clients are relieved to know that, yes, the final divorce decree will be within reach in a very short period of time. Virginia Code Section 20-106 provides that the parties simply file an affidavit with the court which contains the sworn testimony of the client specifying that the parties have been separated without cohabitation and without interruption for a period in excess of one year.
The separation time is even shorter(six months separation) for those who have no minor children and, of course, a written settlement agreement. These are the statutory “no fault” divorces. This procedure has always been simple, and it is the most valued way today to dispose of a case when access to the courts are severely limited.
A contested divorce can be a nightmare for all of the parties, particularly the children of the marriage. A full contested divorce and custody trial are almost never in anyone’s best interest. The cost and permanent psychological and financial damage can be stunning. That is why the best of the family law attorneys, at the appropriate time, attempt to resolve the case, no matter how complicated, through mediation.
