When it comes to the breakdown of any relationship, let alone a marriage, you’re most likely in for an emotionally turbulent time. Many of us do not, as a result, have the mental ability to think logically about the financial and practical implications of getting divorced. But knowing the answers to the following questions are key. Where are you both going to live? Who will get the car? And most importantly, who will get the house in a divorce in Virginia?
Generally speaking, if there’s a primary caregiver of children from the marriage, it’s the caregiver who gets the house. But this is not a hard and fast rule. There may be extenuating circumstances that may make it difficult to say from the outset who gets to keep the family home.
In this article, we look to explain divorce in Virginia more fully so that you can get an idea of what you are legally entitled to. That being said, you should always seek the legal and professional advice of a trained lawyer who is well versed in the divorce laws of Virginia.
How assets are split in a divorce in Virginia
As previously stated, the primary caregiver of any children is usually the partner given the house. This is usually because the divorce laws in Virginia are concerned with ensuring that children do not suffer a loss in their standard of living as a result of their parents divorcing.
However, there are so many other assets that will be seen as joint marital assets — how are they split? Virginia typically likes to see all joint assets split equally. When it comes to homes or family cars, this obviously can’t be done. In those cases, a financial alternative is often sought so that one person is not unduly penalized during the divorce.
Keep in mind that Virginia does not like to award one partner more assets simply because the breakdown of the marriage was caused by the abhorrent behavior of the other partner. While this can have a bearing on the outcome of what courts decide in the division of assets, it will not automatically mean that a person gets the house and all the joint account savings — even if their ex-partner cheated on them repeatedly or committed a crime.
Issues to be aware of getting divorced in Virginia
There are a couple of nuances that come from Virginia divorce laws in the case of couples with children and couples without. All couples need to separate legally for a predetermined time before they can seek divorce from the courts. However, the length of time changes if a couple has children or if they do not. If a couple does not have children, they only need to separate for six months before filing. If a couple has children, they have to be separated for a year before they can push ahead with legally dissolving the marriage.
In the eyes of Virginia law, a legal separation means sleeping separately. Additionally, both partners need to sign something called a separation agreement. In that agreement, the couple should outline how they wish to divide their assets in the future. If they cannot come to an agreement, a court will help them decide on something called a contested divorce. If they do agree, the divorce will be seen as uncontested — and it’s much quicker as a result.
Other divorce laws in Virginia
The laws in Virginia are careful to ensure that there is no financial hardship felt by either party when the divorce goes ahead. For a divorce to go ahead, a plaintiff has to have “grounds”’ which can include adultery or a felony. When a person has committed adultery, it can be the case that their ex-partner does not have to provide spousal support. However, if there’s a huge divergence in earnings capacity, the court may still rule that spousal support is needed for the adulterer.
Conclusion
Even in the happiest, friendliest of divorces, there can be complications and complexities. This is why it’s so crucial to seek your own legal advice to ensure that you are not unfairly affected by the end of your marriage.