People preparing for divorce are often at a low point in their marriages. Even if the spouses have struggled, the spouse filing for divorce may worry about the other spouse’s reaction. They may not want to deal with the emotional fallout of filing for divorce.
Especially in cases where there are no children involved, one spouse may try to make a clean break where they do not communicate with the other at all. Obviously, some communication is necessary as spouses attempt to settle the practical issues related to their divorce.
A filing spouse who does not wish to communicate directly with their spouse may advise them to communicate with their lawyer if there are any questions. Can a lawyer representing one spouse communicate directly with the other spouse during the divorce process?
Direct communication is sometimes possible
People with legal representation have the right to rely on their lawyers to manage contentious conversations and all necessary communications about their pending legal matters. In theory, the responding spouse can communicate directly with the filing spouse’s attorney to counter proposed terms or make inquiries about the status of the divorce proceedings.
However, direct communication is generally only possible while the responding spouse remains unrepresented. Once they hire an attorney, the lawyers typically need to communicate with one another. Attorneys can negotiate with one another to settle disputes based on input from their clients and then present the proposed terms to their clients.
Professional standards in the legal sector require that lawyers communicate with other professionals representing the other party in a dispute. Not only is that the standard at the national level, but the Virginia state courts have reaffirmed that practice.
Once both spouses have legal representation, the lawyers communicate with one another directly regarding all matters related to the pending divorce. People preparing for divorce often want to minimize conflict by limiting communication.
Attorneys can serve as a critical buffer between divorcing spouses. They can help facilitate settlements and can help manage communication to reduce stress for their clients. Learning more about Virginia divorce proceedings and the standards imposed on lawyers can help people know what to expect as they prepare for divorce.