Divorce involves many complex issues, and one of the most contentious can be the division of property. In Virginia, the law provides for an “equitable distribution” of marital property in the event of a divorce. This doesn’t necessarily mean an equal division, but rather a fair one.
According to Virginia law, marital property includes all property acquired by either spouse during the marriage, regardless of how it is titled. This can include real estate, personal property, retirement accounts, and even debts. Separate property, which is not subject to division in a divorce, includes property acquired before the marriage, inheritances received by one spouse, and gifts received by one spouse from a third party.
The court considers several factors when determining how to divide marital property. These can include the contributions of each spouse to the well-being of the family, the duration of the marriage, the age and physical and mental condition of the parties, and the circumstances and factors which contributed to the dissolution of the marriage.
It’s important to note that the court has broad discretion in dividing marital property. While the law provides guidelines, the specific circumstances of each case can significantly influence the outcome.
If you’re going through a divorce in Virginia, it’s crucial to understand your rights when it comes to property division. An experienced family law attorney can help you navigate this complex process and work towards a fair outcome.
At Shawna L. Stevens PLLC, we have extensive experience in handling property division issues in Virginia divorces. We’re here to provide the legal support you need during this challenging time. Contact us today to learn more about how we can assist you.
