Danville Divorce Lawyers You Can Rely On
Divorce is never easy. However, working with a trusted and experienced divorce lawyer can make all the difference. At Williams & Light, our lawyers bring over decades of combined experience, guiding Danville families through Virginia’s complex divorce laws with clarity and confidence.
Your peace of mind matters. Whether you’re facing emotional stress, financial worries, or uncertainties about your and your children’s future, we will make sure you receive the support you need throughout the process.
Understanding Virginia Divorce Laws
In Virginia, there are two main ways to file a divorce:
- Fault-based divorce: This divorce is one based on a partner’s misconduct, such as committing adultery, being cruel, abandoning the marriage or having a serious criminal conviction. These cases might require proof and could affect decisions related to spousal support and how the court will divide marital property.
- No-fault divorce: This divorce is based on the couple living apart without sharing a home for a certain time. If they have children or do not have a written agreement, they must live separately for at least a year before they can file for a no-fault divorce. If there are no children and there’s a signed agreement, they can file after six months.
Take note that at least one partner must have lived within the state for six months before they can be eligible to file for divorce.
Divorce often involves other legal issues, which call for a comprehensive approach. For example, in cases that may involve domestic violence, protective orders can influence custody decisions. Divorce can also play a role in bankruptcy matters. While bankruptcy courts cannot discharge payments for alimony and child support, the timing and type of bankruptcy filed may partially influence property settlements.
With experience in various areas of law, our lawyers are adept at handling these complex situations. No matter how complicated the issues are, we will make sure that your divorce plan takes all relevant legal aspects into account.
Clarifying How Property Is Divided In A Divorce
Most assets and debts acquired during the marriage, such as salaries, jointly or individually titled real estate, retirement accounts and vehicles, are marital property, which the courts aim to divide during a divorce. Even if an asset is in one spouse’s name, courts may still consider it marital if the spouse obtained it during the marriage.
However, any assets owned before the marriage or acquired individually through inheritance, gifts from third parties or personal injury settlements are separate property. These typically remain with the original owner unless they are commingled with marital assets in a way that makes them indistinguishable.
Virginia courts aim to divide marital property equitably during a divorce, which means that it is not always an equal, 50/50 split. To determine what is equitable, they consider several factors, including:
- The length of the marriage
- Each partner’s financial and nonfinancial contributions to the family
- The age and health of both parties
- Tax implications of dividing property
- The timing and method of property acquisition
- Any inappropriate use or wasting of marital assets
Take note that some properties may contain both marital and separate components. For example, one spouse may have purchased a home before the marriage but used marital income to pay the mortgage or make improvements. This means a portion of that home may be subject to division. In such cases, courts evaluate each spouse’s contributions to determine the marital share.
Take Control Of Your Future: Call Us Today
At Williams & Light, we understand that family law is personal. That’s why we treat every client with the care and respect they deserve. Whether you’re facing divorce, custody issues or other family matters, our divorce lawyers are here to help you find a path forward. Call us at 434-483-5195 or contact us online to get started.