The Most Common Mistakes People Make in a Virginia Divorce (and How Our Lawyers Avoid Them)
1. Not All Private Matters Stay Private.
Many divorce clients forget that their words and behaviors are monitored long before their case begins, and it can be used against them in court. Your social media posts,[1] text messages, and emails could paint a picture of you that you may not want on display. Not only could your online presence impact you, but your actions in public could too – just ask former Astronomer CEO, Andy Byron.[2] For these reasons, it is important to have a knowledgeable attorney in your corner to assist you in navigating this kind of evidence.
2. Signing an Agreement (without an attorney reviewing it).
In Virginia, a property or marital settlement agreement is a legally binding contract.[3] Some individuals make the mistake of signing an agreement without consulting an attorney beforehand to ensure their rights and obligations are wholly addressed. Neglecting to review a settlement agreement with an attorney can leave you without a legal means to “undo” or modify it later. Prior to signing any agreement, it is always advisable to have an attorney carefully review it.
3. Comparing Your Case with Others.
It is common for clients to seek advice and support from friends and family while undergoing a divorce. Many times, these friends and family have direct experience with divorce or other legal issues, but their experience is not your experience, and the facts of their case likely differ substantially from yours. For example, someone may say, “My friend got $8,000 a month in spousal support, and I want that too,” or “My cousin was able to get the house when she divorced, why can’t I?” There are numerous variables to consider in divorce cases, as each case is unique. While you will undoubtedly need a strong support system, take their advice with caution. Our attorneys will be able to thoroughly explain the different routes you can take in pursuing a divorce, and they can share possible outcomes based on their hands-on experience and understanding of the law as it applies to your case.
4. Missing Court Dates and Deadlines.
While seemingly common sense, many clients struggle to meet the deadlines and court dates that must be met during the divorce process. Missing deadlines can severely damage your ability to present your case to a judge and can potentially lead to sanctions and additional costs beyond what you had anticipated. Attorneys who are familiar with scheduling orders and court procedures can stay on top of these different time restraints.
5. Allowing Emotions to Guide Your Actions.
A divorce is an emotionally demanding process. Clients often make the mistake of reacting emotionally to matters that necessitate a rational, logical response. While becoming emotional about the issues with your case is understandable, clients need to resist the urge to react without thinking about the bigger picture. Not only can emotional reactions impact settlement, but it can negatively affect your credibility in court. Our attorneys can provide you with helpful advice and tools to respond (or not respond) appropriately to better your chances of settlement or the presentation of your case at trial.
6. Withholding or Omitting Bad Facts from Your Attorney.
Despite attorney-client privilege, many clients find it difficult to share with their attorney “bad” facts. It is more than likely that these facts will be revealed, and your attorney needs to know the truth to prepare their strategy. It is far better for your attorney to know the good, the bad, and the ugly, from the start than to be caught off guard and unable to effectively advocate for you. At Briglia Hundley, our attorneys have seen it all, and we know that it can be difficult to be transparent with your counsel, but in the end, it will be better for your case.
7. Rushing the Process.
Many, if not all, individuals seeking a divorce hope it will be over as quickly as possible. The reality is that it likely will take longer than you think. There are several phases to a divorce case, and they need to be given appropriate time and attention. Rushing the process will inevitably lead to mistakes, overlooked items, and poorly written documents. If there is any issue that needs to be negotiated or argued, whether it be finances, support, property, the care of your children, etc., it takes time to go back and forth on what is the best solution for both parties. It is important that your attorney actively communicates with you at each stage to thoroughly explain your options.
If you are looking for legal advice or for an attorney to represent your interests in your divorce, custody, or support case, our experienced family law attorneys at Briglia Hundley® can help. Contact us to schedule an initial consultation today.
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[1] For more information on how social media can impact your case, please see our other blog on this topic: Social Media and Its Impact on Family Law Litigation – Briglia Hundley, P.C.
[2] Astronomer CEO steps down after viral Coldplay ‘kiss cam’ clip – ABC News, (July 19, 2025, 3:49 p.m.), https://abcnews.go.com/GMA/Culture/ceo-steps-after-leave-due-viral-coldplay-kiss/story?id=123890587
[3] Va. Code Ann. §20-155 – Marital Agreements.
