When two married individuals decide to separate and ultimately divorce, there is a great deal to consider in the proceedings. When children are involved, attention and care must be given to ensure their best interests are kept at heart during the situation. When individuals have been married for long periods of time, odds are there is also property that they share. The state where these individuals live will be the main determinant in deciding how that property is divided amongst both parties. In the state of Virginia, all property obtained during marriage is distributed equitably under Virginia divorce laws.
What is Equitable Distribution?
In divorce proceedings in states where community property is still practiced, often the property of the married individuals is split equally among the parties. However, in Virginia this is not the case. The state of Virginia practices what is known as equitable distribution. Equitable distribution is not always equal. This means that the separating parties could be awarded different amounts of the property. Often the individual who earns more money is awarded the most property. For instance, the split in property could be:
- 2/3 to one party, the other 1/3 to the previous spouse
- 80% of the property to the higher earning party, the other 20% to the previous spouse
- 70% of the assets or property to the higher earning party, the other 30% to the previous spouse
The division of property will often be decided by the court system and it is still quite possible that the property may be split equally. However, in Virginia the lower earning spouse should always be prepared to receive less of the marital property, unless there are compensating factors such as if the lower earning party remained home to care for children.
Who Keeps the House?
This is quite often the first question that arises in most divorce case; which spouse gets to keep living in the marital home while the other is left looking for a place to live? When children are involved, quite often the custodial parent is granted the right to keep the marital home in the state of Virginia. When there are no children involved and the parties in question cannot agree, the court system will make a final determination in who gets to keep the home and has the right to ask the other party to leave.
Generally the individual who has invested the most in the marital home will be allowed to keep the marital house. However, in most states one individual never has the right to ask the other to leave the marital dwelling except in cases of physical abuse. It is advised that if this is the case that the party alleging the abuse have proof. If the judge in the matter believes the allegations are falsely made out of spite for something the other party did to them, it can severely impact the amount of property granted in the final divorce settlement.
Getting Help
If you are getting a divorce in the state of Virginia, you should have a qualified divorce attorney working for you. Your attorney will ensure you get a fair and equitable distribution of marital property so you aren't left facing financial struggle after the divorce.
