A Family Law Firm Offering Tailored Representation For Your Virginia Divorce
Every family is unique and so is every divorce. Some couples part amicably with no complications, while others face challenges that can make the process more difficult. These include blended families, financial issues or a history of domestic violence and substance abuse, to name just a few.
Ideally, the attorney you hire should have the knowledge and skills to handle whatever your divorce entails. That’s why you should contact Walker Jones, PC. Our Virginia family law attorneys have decades of combined experience, and our firm has been a local institution in the communities of Warrenton and Washington since 1978. Whether you need a vigorous advocate in court or an assertive negotiator to secure a favorable settlement, our family law attorneys are ready to help you pursue a brighter future after divorce.
Understanding Your Numerous Divorce Options
Divorce doesn’t always have to be a battle. For couples seeking to avoid the conflict typically associated with a divorce, there is a form of alternative dispute resolution known as mediation. In this approach, the parties and their attorneys work with a neutral mediator to resolve the fundamental issues in the divorce. While this is a more civil and cost-effective way to dissolve a marriage, the parties must cooperate and negotiate in good faith for mediation to be successful.
Our attorneys have considerable experience guiding clients through mediation. But if your case isn’t right for mediation or you are unable to reach an agreement, our lawyers are fully prepared to advocate for your interests in divorce litigation. They have considerable trial experience and a strong track record of success.
We Pursue Your Fair Share Of Property Under Virginia’s Equitable Distribution Laws
Other than issues like custody of your children, most of your divorce will be focused on property division. Like many other states, Virginia uses the “equitable distribution” model when dividing marital property in divorce. Equitable distribution does not always mean equal. Instead, the court focuses on fairly dividing the marital assets.
How The Court Classifies And Divides Property
First, the court classifies individual assets as separate, marital or hybrid (a combination of the two). The classification of a particular asset is largely based on whether the item was acquired before or after marriage, so documentation and proof are important. Separate property is not subject to division.
Once the court identifies and classifies all marital and hybrid property, the judge determines the value for that property based on evidence presented at trial. Finally, the court will divide the property between the parties. According to Virginia law, the judge must consider about a dozen factors outlined in Virginia Code Ann 20-107.3.
Dividing certain items of property can be difficult or impossible, so the judge may order one spouse to pay a monetary award to the other for their share of a given asset. The parties’ debts will also be divided by the judge. The court will weigh the factors mentioned above to determine the method of payment for any monetary award and the allocation of the marital debt.
Attorneys Protecting Your Interests When Dividing Complex Assets
Property and debt division is rarely simple, but some assets and some situations add significant complexity. These include:
- A closely held business
- High-value assets like luxury vehicles and personal collections
- Investment properties and other real estate holdings
- Investment portfolios and stock options
- Assets hidden by one party
Our family law attorneys at Walker Jones, PC, have decades of experience guiding clients through the equitable distribution process. When needed, they also collaborate with experts like business evaluators, forensic accountants, financial planners, and vocational rehabilitation evaluators to ensure that your most valuable assets (such as a closely held business) are protected and that you receive your fair share of the marital estate.
Answers To Frequently Asked Divorce Questions
Below, we’ve answered some questions you may have as you prepare for divorce.
Do I need an attorney to file for divorce in Virginia?
While you are not legally required to hire an attorney, having one can be very beneficial. Divorce involves complex legal procedures and significant decisions that will impact your future. An attorney can help ensure that all paperwork is correctly filed, deadlines are met and your rights are protected throughout the process.
How are investments and retirement accounts divided in divorce?
In Virginia, investments and retirement accounts are considered marital property if they were acquired during the marriage (or at least hybrid property if they increased in value during the marriage). This means they are subject to equitable distribution during a divorce. It’s important to note that even if a retirement account only lists one spouse as a beneficiary, the other spouse may still be entitled to a portion of the assets contained in the account. Valuing and dividing these assets can be tricky, which is another reason to work with an experienced divorce lawyer.
What happens to my business if I get divorced in Virginia?
If you own a business, its fate in a divorce can be complex. In Virginia, a business started or acquired during the marriage is typically considered marital property and subject to equitable distribution. The court will look at various factors, including the value of the business, each spouse’s role in the business and the financial needs of both parties. There are several possible outcomes: you might buy out your spouse’s interest, sell the business and divide the proceeds, or continue to co-own the business. It’s crucial to have a clear valuation of the business and to consider all possible outcomes when planning for your divorce.
Get Answers To Your Divorce Questions During An Initial Consultation
Walker Jones, PC, serves clients throughout Virginia from our offices in Warrenton and Washington. To learn more about how our highly skilled divorce attorneys can help you, contact us to schedule an initial consultation. Just call 540-595-3657 or submit an online contact form.
Meet Our Virginia Family Law Attorneys
Amy E. Totten
Allison E. Coppage
Walker Jones, PC, serves clients throughout Virginia, including Fauquier, Rappahannock, Culpeper, Loudoun, Prince William, Fairfax, Arlington, Alexandria, Warren, Winchester, Frederick, Clarke, Stafford, Spotsylvania, Fredericksburg, Madison, Orange and Albemarle.