Ending a marriage can be one of the most emotionally challenging times in your life. Yet, it is also a time when there are many pragmatic issues that you must attend to.
In order of importance, generally, they include:
- Child custody and visitation
- Child support
- Property division
- Spousal support
Apprising you of these matters and helping you arrive at fair resolution, in or out of court, are what the law office of Mark B. Williams & Associates, PLC, is here to do.
Understanding Fault and No-fault Divorce
Parties can go their separate ways without a reason. But if one party has committed adultery or acts of cruelty, neglected the other, or committed a serious crime, this may affect whether spousal support is awarded and other aspects of the decree.
What Is Property Division?
In Virginia, the courts have a standard called "equitable distribution" in dividing property. Rather than a strict 50-50 split of property and assets, courts take various factors into account in an attempt to arrive at a "fair" resolution. Your ability to earn income, your education, and what you brought into the marriage are considered, among other things.
Whatever was acquired from the date of marriage until the date of separation constitutes the marital property, and must be divided. Gifts to one party only from someone other than their spouse, and items and accounts owned by one party prior to the wedding are separate property and may be kept by that party.
However, when moneys are commingled, for example, funds from your bank account were used to open a common account, it becomes complicated to divide. Before the court can divide the marital property we must establish what is your own, separate property.
Call us at 540-254-0757 with questions about uncontested divorce, contested divorce, no-fault grounds, alimony or other divorce matters.
Mark B. Williams & Associates, PLC, offers over 25 years' experience in family law and compassionate, caring service. For more information about your legal concerns and options, speak with an experienced Virginia trial lawyer. Located behind the courts in Warrenton, our office is open during weekly business hours. We also offer evening and weekend hours by appointment. Credit cards are accepted and we offer free initial consultations for criminal law, traffic matters, and personal injury cases. Contact us today for more information about your case.