It is not uncommon to see couples fighting over property in divorce cases.
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They are unaware that such battles are generally unnecessary because Virginia law has a very detailed equitable distribution law.
Most clients who are dealing with a property division as a result of a Virginia divorce would greatly benefit from talking to an experienced Virginia divorce lawyer.
The sole purpose of equitable distribution in divorce cases in Virginia to arrive at a fair distribution of marital assets. In arriving at such a distribution, the court takes into consideration the contributions of the spouses to the marriage. Courts consider both monetary and non-monetary contributions to the marriage by the spouses to arrive at a fair division of marital property.
The law provides the spouses with the liberty to decide and arrive at an arrangement mutually agreeable to both as to how to divide the marital assets. When the parties arrive at a decision about how the asset is to be divided, the terms may be put into writing and may be drafted by qualified attorneys using appropriate legal language. The agreement so drafted by the attorneys is termed a separation agreement or property settlement agreement.
At times, a couple might decide not to obtain the assistance of an attorney for drafting the separation agreement or property settlement agreement. This may be a very bad decision and may result in several disagreements. In such cases, the couple may find themselves severely entangled in the battle for equitable distribution.
This is going to further worsen the already deteriorated relationship. If you intend to avoid further issues between you and your spouse, reaching out to an attorney to draft the separation agreement is probably in your best interests. Skilled Virginia divorce attorneys will have the experience to draft provisions that are appropriate to your situation.
These experienced attorneys will add the correct language to the agreement to make it more effective. Further, these attorneys due to their experience will include provisions focused on trying to avoid any future conflicts between the both of you
You probably do not have the relevant experience to draft such agreement provisions. For your own safety, you should seek the services of an experienced family law attorney. If parties are unable to arrive at a settlement about property division, then the issue will go before the court for an equitable distribution hearing.
There are three types of assets in a divorce in Virginia, marital property, separate property, and hybrid property. If the property was acquired by a spouse before marriage or received as gift or inheritance, then such property is considered by Virginia law as separate property. The most difficult contention to prove in a divorce case is separate ownership of property
In some situation, a spouse may be unaware that the said asset is separate property. If you are in such a situation you should immediately inform your attorney about it. Court considers real estate property to be separate property if such property was acquired before marriage or during the separation period or was inherited from someone or was received as a gift. Court considers property as marital property if it was received by either one of the spouses during the marriage.
Hybrid assets is property that is half marital and half separate property. An example of hybrid assets may be a property that was bought during the marriage and down payment was made from the savings of both parties. In cases involving hybrid assets, the party contending that the property is hybrid also has the burden of proving the same in court.
Equitable distribution of property does not mean an equal division of assets. The court considers a number of factors in dividing the assets such as length of the marriage, monetary and non-monetary contributions and grounds that lead to the divorce. A skilled attorney who has dealt with a number of family law cases is the one you should approach to receive a fair division of assets in your divorce case
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