What property in a divorce is marital?

In most cases, my clients have been with their husband for a number of years, accumulating a number of possessions – both consequential and inconsequential. Though we don’t often spend much time dividing the sheets and bath towels, other things, especially big ticket items like houses and cars, do occupy a fair amount of time…

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How long do we have to be married to get half the house?

There are a lot of myths and misconceptions about divorce and the divorce process in Virginia. When it comes to property division, there’s a lot of confusion and misunderstanding. I like to think that a big part of my job is just providing education, so that women know what to expect and at least how…

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How is debt divided in Virginia divorce?

After the market crashed in 2008, we handled a lot of cases where there was more debt than anything else. It was terrible. Houses were underwater, and I’ve never seen such high credit card debt. In fact, at that point, it seemed like a lot of people decided to stay together because they really couldn’t…

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Vacation Homes and Divorce

Equitable distribution is the fancy way we describe how property is divided in the Virginia divorce process. Under equitable distribution, the court looks at all a couple’s assets (the things that are worth money) and liabilities (yes, your debt gets divided, too!) and makes a determination about what each former spouse should take away from…

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His, Hers, Ours: Classifying Property in Divorce

When you’re happily married, everything is “ours”.  But as soon as one of you starts talking about a potential separation, it’s funny how many things suddenly become “mine” – especially from a man’s perspective.  I’ve only ever represented women only in divorce and custody cases, so I can speak most easily and comfortably about a…

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Keeping the House in Virginia Divorce

In a divorce, there are often a lot of assets, but none quite so big (or emotional) as the marital home.  Most women who come meet with me have really strong feelings about what they’d like done with the house.  Whether they want to keep it, sell it, are hoping for a short sale, or…

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Selling the marital residence in Virginia divorce

In many marriages, the house is the biggest asset.  In others, it can be the biggest liability.  Either way—asset or liability—the way the house is handled in divorce is a really big deal.  Whether you want it, he wants it, or you just want it gone, the marital residence is a biggie. Whether you want…

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Student Loans and Divorce

Student loans are a reality of the world these days and, if you’ve got them, you’re definitely not alone. (In fact, you’re preaching to the choir.) In fact, these days, more people have student loans than don’t have them, and the average amount of debt each person carries is greater than ever before. It’s pretty…

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He’s taking money out of our IRA! What should I do?

All sorts of different things spur women to take action in their divorce cases. One of the more common things I hear is that a husband has taken a withdrawal from an investment account, usually without wife’s knowledge. Usually, these women come in, panicked, thinking that because of their husband’s sneaky behavior that there’ll be…

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“My” money in Virginia divorce

I hear all the time, from both sides, that one party or another paid for something with “their” money during the marriage—usually as a justification for why a particular asset shouldn’t be subject to division in the divorce but should, instead, revert back to the one who paid for it.  “Well, it’s my money anyway,”…

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