Legal Question in Family Law in Virginia

Separation agreement

Hello. My husband and I decided to separate and we agree on the terms (custody, property etc). We just want to draft the agreement and make it legal. Do I really need to retain an attorney for this? Is there a cheaper way to do this without paying $1500 or more? We want to save as much money as we can and do this without a battle. Please advise...

Asked on 3/19/06, 11:30 pm

3 Answers from Attorneys

Charles Homiller Jimison/Homiller, PLC

Re: Separation agreement

While you dont have to, it would be wise to do so to make sure you have all your bases covered. Your best bet is to shop around for a price like you would with anything else. Feel free to contact my office for a fee quote.

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Answered on 3/20/06, 12:22 am

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Separation agreement

You should be able to secure competent counsel for the PSA(Property Settlement Agreement)for somewhere betweeen $500 and $750, assuming that the marital property and other financial issues issues are not overly complicated and that there is basically agreement between the parties as to the issues pertaining to the minor children.

Parties who try to do this kind of thing on their own and without the aid of an attorney, quite often come to regret it later on.

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Answered on 3/20/06, 9:02 am
James Wilson James H. Wilson, Jr., Attorney & Counsellor at Law

Re: Separation agreement

Itís good that you and your husband are able to settle your differences. I advise you to enter marital counseling to determine if you can preserve your marriage, particularly if you have children. If after counseling, you still wish to separate or divorce, one of you may hire an attorney to help you prepare a separation and property settlement agreement. An attorney may not represent both of you because there exists a conflict between your interests and your husbandís interests. You have the right to prepare legal documents for yourself, so a lawyer is not absolutely necessary. Nevertheless, a lawyer has the education, training and experience to best protect your rights and prevent future problems. Sometimes, consumers think they can save a few dollars by doing their own legal work only to discover later that they would have saved more money in the long run by using a lawyer.

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Answered on 3/20/06, 9:33 am

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