zyra said:
What is the name of your state? VA
We are separating. My husband wants a mediator, I've been told by a few people that getting an attorney is best bec we have community property and children.
Any suggestions or advise?
My response:
If all of your property, both Real Estate and Personal, were purchased in Virginia, then none of it is "community property." Virginia is NOT a "community property" State. It is a "Separate Property" State, and an "Equitable Division" State.
Therefore, what's in his name, is his. What's in your name is yours. What's in both names is "equitably" divided - - both assets and liabilities. But, even those pieces of property that are in one or the other's name can be equitably divided if those items were purchased with marital funds; e.g., if the house is in his name, but you both paid the mortgage out of marital funds.
A mediator is used to bring both parties together to help them make their own decisions in matters of property and child issues; e.g., support, visitation, etc. The mediator is NOT an attorney for either party - - rather, the mediator's role is to help flesh out the real issues, and to help the parties come to their own decisions.
An attorney on the other hand is the representative for one of the parties. Each may have their own attorney. The attorney's role is to be an advocate for their client, and to "jockey" for the best legal position when the two parties have not been able to amicably come to an agreement on any of the issues on their own.
The last method can be very expensive.
IAAL
