Northern Virginia - Child Custody Attorney - Child Custody and Immigration - Divorce - Military Divorce
At this practice, we counsel with men and women who have decided to dissolve a marriage. The decision to divorce is difficult for most people because it affects relationships, and it deliberately alters what you once planned for the future. Divorcing couples are always concerned about the fallout of the decision to split. Regardless of the reason, it makes a difference if you work with a caring, attentive, and efficient family law attorney who can answer your questions:
- How do we decide who gets which possessions?
- I stayed at home while he worked. How will I support myself?
- What will happen to my children? Where will they live?
- Since we can’t both live in this house, who will move out?
- Could my spouse take my son or daughter and move out of state?
- My spouse and I were entrepreneurs. What will happen to our family business?
- I left my spouse because he or she was abusive. Can I get a restraining order?
Division of Property Attorneys
It’s relatively easy to get a quick divorce when the couple own little to no joint property, have no children, and no party has petitioned for alimony (spousal support).
Most cases, however, aren’t that simple. Couples who were together for many years usually have a considerable amount of marital property (including personal possessions and real estate), debts, joint accounts and funds, investments, insurance policies, and pensions.
Often, they also have children. Since it’s difficult for even the most amicable couples to work through the details of the divorce by themselves, they will benefit greatly from experienced legal counsel.
The Fair Distribution of Community Property
In the State of Virginia, the courts consider many things when determining who gets what in a divorce:
- How long the couple was married
- The state of each spouse’s physical, mental, and emotional health
- The amount of property and level of income each party brought to the union
- The couple’s established standard of living
- The value of the family home
- All prenuptial agreements
- Each party’s earning capacity or income, including education, training, skills, work experience, and length of absence from the job market, if any
- Time and expense needed to obtain education or training that enables a spouse to support himself or herself at a standard of living comparable to what was established during the marriage
- Present value of the couples’ joint property, and an assessment of all current debts and liabilities
- Property that belongs to one spouse, such as gifts, inheritances, jury awards, settlements, and valuables acquired prior to the marriage
- Other factors the court deems relevant
Many couples struggle to reach an amicable agreement on division of property. If you're considering divorce, please consult experienced family law attorney Claudia Zucker at the Law Offices of Claudia Zucker in Arlington, VA for help.
Since Virginia is a community property state, a prenuptial agreement is one way to control how assets are distributed if one or both parties want out of the marriage. Of course, prenups are a touchy subject, and thus they are not appropriate for every couple. However, if you're considering getting married and you need peace of mind about your children or your personal property, a prenup can help you both tremendously.
Virginia Divorce and Family Law Attorney Claudia Zucker
Do you need a divorce attorney? Do you have questions about prenuptial agreements or division of property? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.