Blogs from June, 2024

In a divorce, a couple will have to divide assets, debts, and property, and decide who should keep items of personal property. In court, all property in Virginia is categorized so that it can be assessed throughout the distribution process. Every object in an estate is typically categorized as separate, marital, or hybrid, and the court evaluates the property according to the respective spouses’ past ownership or contributions to the marriage. You can better comprehend divorce procedures by being aware of Virginia’s property laws and the way the courts see the marriage itself in regard to the property.

Which Things Are Considered Personal Property?

In the course of a marriage, a couple often combine their premarital possessions and gains personal property together. As a result, a couple must frequently treat the following as personal property when dividing this property through an agreement or legal process:

1. Vehicles. Automobiles, trucks, boats, motorbikes, trailers, off-road vehicles and other “toys” fall under this category.
2. Furniture, Electronics, and Household Goods. These are examples of personal property that should be contemplated in any division of assets.
3. Exquisite Collections. This applies to any collection of items, such as wine, currency, artwork, or antiques. This comprises unique items that were presented as gifts to both spouses, possibly as part of an anniversary or wedding celebration. Gifts can be a tricky category, and depending on the circumstances, may or may not fall under the category of marital property.

The Classification of Personal Property by Virginia Courts

Because Virginia is a “equitable distribution” state, a court will distribute property according to its interpretation of what is fair, which may or may not be equal. In other words, Virginia is not a “50/50” state. Property is therefore not always divided equally. In determining equitable distribution, a court takes into account the circumstances surrounding the acquisition of the property. Property will often be categorized by Virginia courts into one of three broad groups:

1. Separate Property

This can be defined as property acquired before the marriage or after the date of separation. A retirement account will probably be considered separate property if one spouse, for instance, had the account before to the marriage and did not make contributions to that account during the marriage. Courts cannot divide property that is not separate.

2. Marital Property

Both spouses acquire marital property together over the course of their marriage. For example, a house bought during the marriage will probably be classified as marital property regardless of whether the title is in one or both names. The court may decide how to split property that is mandated to be shared fairly.

What About Pets As Marital Property?

There isn’t much to argue about if you purchased your dog or cat before getting married; you are the pet’s original owner and may take it with you. Your spouse has no rights to your pet since it is not marital property. However, it is possible one party may take issue with a large amount of money that was spent on the pet during the marriage, such as surgery, which can be taken into account by a court. But like other marital property, like as the house, bank accounts, pensions, retirement accounts, and automobiles, if the pet was bought or otherwise obtained during the marriage, it is regarded as marital property and is subject to equitable (fair) division. Virginia is not one of the states that treats pets like children, like California and Illinois, where a court can grant custody of a pet to one of the parties.

3. Hybrid Property

Acquiring hybrid property requires using both individual and married finances. For instance, if one spouse owned a car alone prior to marriage but her partner made non-financial or financial contributions to its upkeep and care throughout the marriage, the court may consider the car to be hybrid property.

We can help you with deciding how your property is divided.

At the Law Offices of Daniel J Miller, we recognize that separating personal property after a divorce can be a complex and often an emotional procedure. If you have any questions, our experienced team of divorce attorneys is available to provide you with reliable legal assistance. To discuss your case in more detail, contact us here.

Attending a Virginia family court hearing has its own set of guidelines and best practices. Key strategies to meet the court’s expectations include, but are not limited to, being well-prepared, turning in all paperwork on time and in full, communicating openly with the court, and showing up for court on time. You may make sure you have the best chance of winning your case by adhering to these procedures. But a question that frequently remains unanswered is – “How should I dress for court?”

Family Court Etiquette: Presenting Your Best Self During Court Proceedings

You will probably need to appear in Virginia Family Court if you are having a divorce, adopting a child, or have legal issues regarding paternity, child custody, and support. Usually, one of the parties files a petition to start a family law lawsuit, stating their version of events and the remedy they are seeking. Following filing, the petition is served to both parties, and a preliminary hearing is typically set. In general, we advise clients to take the following actions:

1. Arrive early for court: Being late for court is the last thing you want to happen since court judges do not appreciate lack of punctuality of the parties of a case.
2. Dress modestly: It is recommended to dress professionally to honor the court. Clothes must be presentable and clean. If you want to win your case, you should dress as professionally as you can. At the very least, you must wear shoes and a shirt in the courtroom. Generally speaking, clothing should be devoid of holes, tears, and stains. To ensure you have enough time to get dressed appropriately and find the stuff you need, wash and iron your clothes the night before. Furthermore, using scissors to trim any slack threads can significantly alter the way your entire ensemble looks.
3. Keep your kids at home, don’t get them to court: Generally speaking, the court does not appreciate parents bringing their kids to the court, especially if they are very young.
4. Leave your phone in the car or turn it off: Judges have a common aversion to mobile phones being used or mobile phones ringing in the court.
5. Preserve civility: Talk gently and control your emotions. Serious consequences may result from failing to do so.

Is it permissible to wear military uniforms in Virginia during criminal and/or family law court proceedings?

There is no specific prohibition under any statutes for military personnel in to not wear their military uniform while attending criminal court proceedings in their uniforms. Military service members may choose to wear their uniforms for suitable events, such as court appearances. However, it’s important that you ask your command how they would like you to present yourself on your court date.

What is not allowed in the courthouse?

The following items are prohibited inside most courthouses:

• Weapons of any kind, including knives and firearms;
• Electronics, including cellphones, camera and recording devices;
• Chemical agents; and
• Liquids (excluding baby formula and hand sanitizers size 2 ounces or less).
   

*Small lockers may be available to rent for the day (quarters required)*

Keep in mind that how you dress affects how you feel about the justice system. Respect the judicial system in Virginia when you appear in court, whether you are dressed in civilian clothes or a military uniform.

Another important strategy to increase your chances of getting a good result from your hearing or case, even if you look your best, is to have a trustworthy and skilled family law attorney at your side. Our experienced family law attorneys at the Law Offices of Daniel J Miller can make sure all the necessary components of your family law case are in place so you can concentrate on looking your best in court and taking care of your family.

Our experienced family law attorneys at the Law Offices of Daniel J Miller can assist you with any family law matter, divorce, custody dispute, juvenile law difficulties, among others. Contact us here to know more.