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Is Virginia an equitable division state?

On Behalf of | Feb 16, 2021 | Divorce

When you’re getting divorced, it’s important to understand how the state divides marital property. Virginia is a state that uses principles of equity in order to divide marital property. Knowing what to expect when it comes to property division helps you prepare your case effectively.

What is equitable division of property in a Virginia divorce?

Equitable division of property in a Virginia divorce is how the courts divide marital property. To make a division of property that is equitable, the court decides what is the most fair under all of the circumstances. The award of property to each party doesn’t necessarily have to be equal, although an equitable division is also equal in many circumstances. However, equitable division of the assets simply means doing what’s fair and just to settle the marital estate.

How do I receive equitable division of marital property?

To receive an equitable division of marital property, a party must present their evidence and arguments to the court. They must detail what they feel is fair and state why they are asking the court for a particular award. For example, if one party supported the other through their education to receive a higher salary, that may factor into an award of property or an award of spousal support for the supporting spouse. On the other hand, if a party wants to argue that spousal support is inappropriate because of adultery, they must present proof. Contributions to the marital estate factor in as well as the needs of each party.

Tips for receiving a fair division of the marital estate

As you prepare for divorce, remember that a certain award of property is not guaranteed. The party seeking to have the item included and divided as part of the divorce estate must first prove that the property exists as well as prove its value. Then, they must ask the court for a certain disposition of the property. The court may consider almost any relevant fact or circumstance to make its determination. Thoroughly preparing a detailed case can help you achieve an equitable division of the divorce assets in the State of Virginia.

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Attorney Harvey S Lutins