Partner with a property settlement attorney who can protect your rights and your assets
During a marriage, living a shared life with your spouse means shared property, shared finances, and even shared debt. Understandably, after years or even decades of marriage, dividing that property fairly during divorce proceedings can be an extremely complicated, convoluted, and discretionary process. While some couples are able to divide their property without contention, many find that there are vast differences between what each partner believes they are rightfully entitled to.
Especially in Virginia, where judges wield a great deal of power in deciding what is fair and reasonable when deciding upon the equitable division of property, it is vital to have an experienced, knowledgeable, and aggressive family law attorney on your side during property settlement. At Rinehart, Lowery, Butler & Hodge, we can help you protect what you have earned and preserve your rightful property and assets.
Most people going through a divorce have never dealt with issues of marital property division and can be overwhelmed when considering how many shared assets and debts must be discussed during a property settlement. Many just want to know what their lives will look like after the divorce and how they can best move on with their lives. Our clients often have a number of significant questions and concerns:
- Who will decide how to divide our property, and what will they base their decision on?
- Will everything be split evenly down the middle?
- What will happen to our home? Can I be forced out of my home?
- Who is responsible for our debts? What about debts accumulated before marriage?
- What will happen to our retirement account?
- Am I entitled to more if I am the family's breadwinner?
- Am I entitled to more if brought more assets into the marriage originally?
- What will happen to our investments?
- What happens if my spouse is hiding assets?
- Can I appeal a division of property court decision?
- Is property division affected by how long we were married?
- Is my spouse entitled to any of my inheritance?
- If I am at fault, can this change my property settlement?
Get qualified help as you enter into the division of marital property process
The division of marital property is far more complex than simply selling all property and dividing all assets and debts in half. Our financial situations are often as varied and unique as the rest of our lives, and no two equitable property divisions are alike. For that reason, it is up to a judge to decide how to best approach each individual property settlement case. In Virginia, division of property cases usually progress in six steps:
- The court catalogues the couple's property, assets, and debts.
- The court determines the value of each item.
- The court determines who currently has legal ownership of each item.
- The court decides which items are classified as marital property, which items are separate property, and which items are part marital property and part separate property.
- The court takes into consideration rights, needs, and special considerations of each party, which could include a large number of factors.
- The court makes a final decision that divides the property in a reasonable and equitable manner.
It is very important that you are guided through each step of this process by a knowledgeable and assertive property settlement lawyer who will act as your advocate and fight for a fair settlement. While some spouses become overwhelmed by the complexity of their case and simply want it to be over with, we understand that your property settlement could greatly affect your personal finances and your quality of life after the divorce. We will make certain that you get the property you are entitled to.
Contact us to learn more about your case.
If you live in Virginia and are in need of a property settlement lawyer, we can help. Call us today at (540) 659-2184 or fill out the online contact form on this page and begin taking control of your division of property case.
Rinehart, Lowery, Butler & Hodge, PLC, serves clients in the state of Virginia, including the following cities, counties, and towns: Fredericksburg, Stafford County, Spotsylvania County, Caroline County, Hanover County, Westmoreland County, King George County, Fairfax County, and Prince William County.
Blog for Equitable Distribution
- "separate property" in divorce is sometimes marital
- Debts in divorce are not treated the same as assets
Library for Equitable Distribution:
- "I owned it before we got married....it's mine, isn't it??"
Description: Property that was owned by one spouse prior to the marriage can be considered partly or wholly "marital" and subject to division by the court in divorce
Frequent Questions for Equitable Distribution:
- Are debts treated the same as assets in a divorce?
Can the Court in my divorce order that my spouse name me as the beneficiary of the death or survivor benefits on his/her pension or retirement account?
- My spouse and I have a lot of credit card debt. Can the court divide those debts between us?
- My spouse and I are in agreement on the division of our property and support. Do we have to go to court for any reason?
- Am I entitled to fifty percent of the property my spouse and I own?
- Can my spouse get a share of my social security benefits?
- Can the court divide retirement benefits between spouses?
- The house is titled in my name. Can my spouse claim a share of the equity?
Schedule a Consultation
If you'd like to schedule a consultation, call us at 540-659-2184 or fill out the form below:
Rinehart, Lowery, Butler & Hodge, PLC
1259 Courthouse Road
Suite 105
Stafford, Virginia 22554
Phone: 540-659-2184
Fax: 540-659-8143