In Virginia, before we divide property in divorce, we classify it as either separate, marital, or hybrid. Separate property is just that – separate – so it is owned by only one party and it is not divided in divorce. Marital property, on the other hand, was either earned, purchased, or acquired during the marriage. ...
Is pre-marital property separate?
I’m married – and I’m a divorce attorney. It’s a bit of an oxymoron, isn’t it? Or is it? I don’t even know anymore. I’m also a pretty connected, online person, so I hear all the chatter (I try to make sure I hear all the chatter) about staying single, getting or staying married, and...
If you’re considering a divorce and you live in Virginia, you’re probably wondering how, exactly, we divide assets here. You are definitely in the right place and I can help you begin to understand what to expect and what to ask for. Let’s jump right in, shall we? So, first thing’s first. Before we can...
In Virginia, we classify property as either marital, separate, or hybrid before we divide it in divorce and, mostly, that comes down to looking at when and how the asset was earned, purchased, or acquired. Things earned by the partners to the marriage themselves during the marriage are usually marital but other things – whether...
If you have a trust fund or received an inheritance – whether before, during, or after your marriage – one of your big concerns when it comes to separation and divorce is probably how to adequately protect that asset. For many families, divorce marks a major turning point in their lives, especially as it relates...
In Virginia, we have three separate classifications for property: separate, marital, and hybrid. How property is classified impacts how it will be divided in a divorce. Marital and separate property are clear; what is marital is divided in the divorce, and what is separate belongs to the party who separately owns it. Hybrid property, on...
As much as we often try to keep things amicable in a divorce or custody case, there are some things that are fairly well established hard and fast rules. Dividing the retirement, for example, and how to handle division of equity in the home – easy peasy. Some of the more complicated issues are usually...
Debt is challenging under the best of circumstances, but when you’re considering a legal separation or a divorce, it can be a particularly challenging extra layer of complication. On its face, dividing debt is the same as dividing assets – in most cases, we look to the source of the debt, classify it as...