Property Division Lawyer in Virginia Beach
Ensuring Your Marital Property Is Divided Fairly
In Virginia, a court divides all property acquired during a marriage based on what a judge considers to be equitable. This process is known as equitable distribution and does not have to be a 50/50 split; in fact, both parties have ample opportunity to agree on how they would like to divide the property. However, if they cannot reach an agreement, a judge will decide for them.
Call our firm at (757) 267-4949 to schedule an appointment!
At The Law Offices of Daniel J. Miller, our attorney can help you reach an agreement with your spouse on the division of your property. If an agreement isn’t feasible, we will work with the court to ensure your best interests are protected during the process.
Factors of Property Division
Any property purchased during the marriage, with funds earned during the marriage or funds shared by both parties, is known as community property. Community property often includes:
- real estate;
- stocks and bonds;
- income; and/or
- retirement benefits.
A judge determines how to divide community property based on a few factors, including:
- income level of each spouse;
- if either spouse owes alimony to a previous spouse;
- length of the marriage;
- age and health of each spouse;
- whether each spouse has a pension or retirement benefits;
- whether each spouse can independently support themselves;
- any tax consequences resulting from the property division; and/or
- other relevant factors.
A court may also consider any bad behavior displayed by either spouse. For example, if one spouse had an affair or abused the other, the court may award the aggrieved party more property. Additionally, the court may increase the property share of one spouse if the other was reckless with marital funds (repeatedly crashed vehicles, spent marital funds on an affair, etc.).
Helping Our Clients Reach Favorable Resolutions
If you and your spouse are having issues deciding on the division of community property, we can help. Our attorney has over 20 years of legal experience and can help you decide the best way to divide your property.
Contact our firm online or call us at (757) 267-4949 for a legal consultation.
“Lindsey was great ! Kept me updated and informed, Attorney Blair got me through a tough time and even though I ended up settling that was my choice to end it not Attorney Blair’s.. i appreciate everyone in the office for their help and hard work on my case as I know it takes many to get the job done… so happy to put this in the past and move on and live my life without this stress thanks again to all the staff and Attorney Blair”- Kimberly H.
“Daniel Miller has done an excellent job with my case. I am so pleased with the outcome of my court hearing. His whole office is top notch providing professional guidance in my time of need. I made a bad decision that got me in trouble with the law. My decision to hire Mr Miller was the start of making good decisions. I was so impressed with my initial consultation on the phone with Mr Miller and even more impressed by his court hearing command. I highly recommend his service.”- Steve W.
I had a long and exhausting divorce and would like to thank Jeff Blair, Lindsey, and the whole team. I would recommend them to anyone going through a contested divorce” - Maxwell M.