Disagreements over custody and visitation are some of the most emotional and difficult issues for parents to resolve. Differences in parenting styles, arguments over education and health care decisions, and new relationships are just a few of the problems that have to be confronted. We understand the emotion, confusion and worry that our clients feel when faced with these issues. Our lawyers will listen carefully to your situation, provide you with honest information, and help you work through this difficult time. If the issue of child custody or visitation cannot be resolved through negotiation, we will use our 20 years of courtroom experience to protect your rights.
What Factors Does the Court Consider?
When dividing the marital property, allocating marital debt, and ordering the payment of a monetary award, the judge is required to consider the factors set forth in Virginia Code § 20-107.3. These are:
- The contributions, monetary and nonmonetary, of each party to the well-being of the family;
- The contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties;
- The duration of the marriage;
- The ages and physical and mental condition of the parties
- The circumstances and factors which contributed to the dissolution of the marriage, including adultery, sodomy outside of the marriage, a felony conviction, cruelty, reasonable apprehension of bodily hurt, desertion or abandonment;
- How and when specific items of such marital property were acquired;
- The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities;
- The liquid or nonliquid character of all marital property;
- The tax consequences to each party;
- The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and
- Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.
While these factors may seem straightforward, in practice they can be very complex. A family law attorney must have a thorough knowledge of the many Virginia Court of Appeals cases that have interpreted these factors. Our attorneys routinely handle family law appeals to the Virginia Court of Appeals dealing with property distribution, including one of the most important recent equitable distribution cases. Our experience in family law appeals has given our attorneys the knowledge necessary to fight for the best results for our clients.
If you need help with a property-division issue please call us at (434) 972-9600 or contact us using the form below.
Please note that the use of our contact form does not create an attorney-client relationship and therefore there is no attorney-client protection for the information you choose to submit to us. As such, please do not submit any confidential or privileged information in the contact form.
We are located in Charlottesville, but our lawyers handle cases in Charlottesville, Albemarle County, Greene County, Fluvanna County, Louisa County, Nelson County, Madison County, Orange County, Roanoke, Harrisonburg, Staunton, Waynesboro, Augusta County, and across Virginia.
Davidson & Kitzmann, PLC
211 E High St
Charlottesville, VA 22902
Phone: (434) 972-9600
Fax: (434) 220-0011
© 2020 Davidson & Kitzmann, PLC