Divorce laws govern the termination of a marriage or legal union. This can include traditional divorce as well as other approaches like annulment, dissolutions, and legal separation. Divorce laws vary from place to place and may also cover other legal issues like:
- Distribution of property between the parties
- Child custody, support, and visitation
- Spousal support payments
- Name changes after divorce
- Issues involving remarriage after divorce
How Is Property Divided upon Divorce in Virginia?
Virginia is a separate property state, as opposed to a community property state. This means that the property earned by a husband or a wife remains their individual property.
Virginia property laws follow equitable distribution principles for dividing property during a divorce. This means the property will be distributed according to what the judge deems as "equitable" (i.e., fair). This is done by analyzing factors like:
- How long the couple was married for
- The income level of each party
- Earning capacity (i.e., licenses, certificates, educational background, etc.)
- Child custody and other responsibilities
- Who received the property item
- Whether an item was intended as a gift for only one person
Thus, property division can sometimes be a significant aspect of the overall case. Many legal conflicts during divorce revolve around the assignment of property rights.
Should I Hire a Lawyer for Help with Virginia Divorce Laws?
Divorce laws in Virginia can often involve some concepts that are challenging to understand. You may need to hire a family lawyer in Virginia if you need help filing for divorce. Your attorney can represent and guide you during the process. Also, if there are any other alternative approaches available, your lawyer may be able to inform you of possible options.
