Protect Your Interests In The Division Of Property
At Bristle Law, we know that property division in a divorce is about more than just getting your fair share. It is about starting on a new path with the resources you need for yourself and your children. Attorney Anna Bristle balances compassion and strength to provide you with the best representation possible as you move into a new chapter in your life.
Equitable Distribution Does Not Always Mean Equal
Under Virginia law, you and your spouse can divide assets and liabilities through a separation agreement and finalize your divorce in as little as six months or one year when minor children are involved. If you cannot reach a voluntary agreement on how to divide your property, a court will make the decisions for you.
The first step is to determine whether assets and debts are considered separate or marital property. Property brought to the marriage is separate. Property acquired during the marriage is subject to division. This is not a clear line and there are exceptions, which is one reason why it is so important to have an attorney on your side.
The court will divide your marital property under the theory of equitable distribution. It is important to note that equitable does not always mean a completely equal division. A court will consider several factors in determining what percentage division is equitable, including:
- The length of the marriage
- The age and health of each spouse
- The monetary and nonmonetary contributions each spouse made to the marriage
- The contributions that each spouse made to increase the value of separate property
- The liquidity of the property being divided
- Whether one spouse was at fault in causing the breakup or reducing the value of property in anticipation of divorce
- Any other factor the judge deems relevant
Make Sure No Details Are Missed In Your Property Settlement
Whether you choose to divide your property under a separation agreement or in court, it is crucial that you have a knowledgeable attorney on your side protecting your interests. We can provide that for you.
Making the decision to hire a lawyer can be a difficult one. Often times, an individual may not know whether they need a lawyer until they talk to one. Understanding this fact, our firm offers low cost initial consultations for family law matters.