When a couple decides to get divorced, there’s a long process ahead that needs a great deal of negotiation or arbitration. The assets that the couple has accumulated over the time of the marriage are assessed and divided up between the two parties as fairly as possible. Each state has its own laws that govern the distribution of assets including property, but what does the wife get after a divorce in Virginia and how is it decided?
When Can a Married Couple Divorce?
Virginia law has set time limits on when a spouse can apply for a divorce. If one of the spouses wants to file for a divorce, one of them needs to have been living in the state for the last six months.
A couple can legally file for divorce after six months of separation if:
- The couple have no children under the age of 18
- They have been living in separate households for six months
- Both have signed a separation agreement
If, however, there are any children in the marriage that are still considered minors, then they must wait one year before filing for divorce after separating.
Equitable Distribution
States such as Virginia work under the equitable distribution method. This means that couples who file for divorce have many opportunities during the process to agree between themselves what needs dividing between them. In some cases, however, couples cannot decide for themselves. In these cases, a judge will decide for them after a hearing or trial.
When the court makes the decision, they do not simply split everything 50/50. Instead, they look at the whole picture regarding each person’s finances and other factors, then they divide up the assets accordingly.
Marital Property
Courts will divide property based on a number of factors that may include:
- Each spouse age along with the physical and mental condition
- The debts and liabilities of each person
- How and when the marital property was acquired
- The contributions of each person to the marital property both monetary and non-monetary
- Length of the marriage
The only property considered by the court is that which belongs to the marriage. This means any property used by the couple during the marriage or acquired by the couple. Any property acquired by either party before the marriage including a gift or inheritance is not considered by the court.
Debts
In the same way that property is divided, any debt that the couple has is also considered in an equal way. Debt accrued by the couple in their marriage such as a joint credit card is split between them so both have to pay. Any debt from before the marriage or used only by one spouse is directed to them to pay.
Custody
Under Virginia law, no one parent has an automatic preference for custody of the children. Each parent has a responsibility to the child, even if the couple is not married. If, however, there is an application for custody by one of the parents, then the court will take into consideration a number of factors before making its decision. These can include:
- The age and mental condition of the child and parents
- Needs of the child
- Best interests of the child
- Any history of abuse
- The willingness of each parent to openly communicate and resolve any disputes
As well as these factors, any issues regarding the parents such as alcohol abuse, drug use, criminal convictions, and adultery can also be considered.
So what does the wife get after a divorce? Well, the answer is that they get what is legally theirs along with their husband. Any other assets or custody that cannot be resolved are taken before a judge who decides the outcome.