Recent Property Divison Posts

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Property Divison

Are Pensions Considered Separate Property in a Virginia Divorce?

Written by ShounBach on . Posted in , .
In 2018 alone, over 21,000 divorces took place in Virginia, according to the Virginia Department of Health, Division of Health Statistics. With the prevalence of divorce comes the challenge of dividing up retirement assets among divorcing spouses. You have worked hard for your pension, but you are now facing a divorce. You may be considering whether your pension or your spouse’s pension is considered separate or marital property. How do Virginia courts divide up retirement accounts such as Thrift Savings Plans, defined benefit plans (pensions), 401(k)s and IRA accounts? Virginia Courts May Treat Retirement Accounts As Marital Property In V…

What is Considered Separate Property in a Divorce?

Written by ShounBach on . Posted in , .
In a Virginia divorce, assets will be classified as marital or separate before they are divided. Valuation of assets, including the marital residence, investment properties, bank accounts, business interests, as well as any jewelry, furniture, art works, vehicles or other personal property owned by both or either spouse is required for “equitable distribution” by the court. Virginia is not a community property state: the court makes an equitable distribution of property, which is not necessarily an equal division. Marital Property vs. Separate Property Property acquired before the marriage or after the date of last separation, property acq…

Twelve Steps To Take Before Getting a Divorce

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A divorce is a life changing event, especially if you have children. You need to properly lay the groundwork before the process starts so it might go more smoothly and faster. Given how expensive it is to live in the Fairfax, Virginia, area, planning ahead financially is very important. Here are some suggestions on preparing for a divorce. Do you need a divorce? Decide if this is something you really want to do. Is there no hope for your relationship? Counseling may be worth a try. Once the divorce process starts it may be difficult, if not impossible, to try to get the relationship back on track. Talk to an attorney. Learn about your lega…

Court of Appeals Gives Weight to Stepchild Treatment in Property Division Matter

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Does poor treatment of a stepchild make a difference in divorce-related property division decisions? According to the Court of Appeals, it does. In a recent appellate case, the Court of Appeals ruled in favor of a trial court’s decision to consider a man’s poor treatment of his stepdaughter a “negative non-monetary contribution,” which allowed his ex-wife to get a larger portion of their shared property, according to Virginia Lawyers Weekly (VLV). The appellate decision was made yesterday in Crater v. Crater, a case out of Carroll County, Virginia. According to the details concerning the case, the man’s wife already had a young daughter w…
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