Property Distribution in a Virginia Divorce
Virginia is known as an "equitable distribution state," which means that marital property will be divided in a manner that is fair for each party, rather than being divided equally. You should know that the final decision regarding the division of assets and property lies with the Virginia divorce court. It is for this reason that you need to have an experienced Virginia divorce lawyer on your side during this process.
In a divorce, there are two types of property: separate and marital. Separate property is property that was acquired by one spouse before the marriage (i.e., an inheritance). This property must be maintained separately during the course of the marriage. For example, if you came into the marriage with $20,000 in your savings account, this may be considered separate property. If, however, you allowed your spouse to contribute and withdraw money from the account, it becomes marital property.
Marital property is property that has both spouses' name on the title or was acquired during the marriage. In splitting up marital property, the court will look at the contributions each spouse made to the marriage, the length of the marriage, the age, mental and physical health of each spouse, the reasons for the divorce, and each party's debt and liabilities. A Virginia divorce attorney can provide evidence to ensure the distribution of debts and assets protects your interests.
Child Custody and Support
In a Virginia divorce court there are two types of child custody: physical and legal. For physical custody, the children typically live with one parent (the custodial parent) but have visitation with the noncustodial parent. The court makes the final decision on who retains custody of the children, though factors such as age of the child, the mental and physical health of the parents, and the child's relationship with the parents comes into play.
Legal custody can refer to sole legal custody or joint legal custody and has nothing to do with where a child resides or with whom. Instead, a parent with legal custody is in charge of making all important, life-changing decisions for the child.
The custodial parent will receive child support from the noncustodial parent. The amount is based on each parent's income. In many cases, the noncustodial parent is responsible for maintain health insurance for the children.
Retaining a Virginia Divorce Lawyer
It is a good idea to contact an experienced Virginia divorce lawyer to help you understand what to expect in a Virginia divorce court. At this vulnerable time, it's critical that you have exceptional legal representation that not only understands the specifics of your case, but is dedicated to your best interests and that of your family.
The Virginia divorce attorneys at Hofheimer/Ferrebee specialize in representing Virginia women who wish to file for divorce. We are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life. Contact us to set up a legal consultation of your case - (757) 425-5200.
Charles R. Hofheimer View lawyer's profile |
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