Divorce Lawyer Chantilly, VA
Going Through Divorce With Legal Assistance
If you are going through a divorce or considering a divorce, our Chantilly, VA divorce lawyer is here to help you. Divorce can be incredibly complicated and complex not only emotionally and in terms of your relationship, but also legally. Our attorneys have the experience and knowledge necessary to help you work through this difficult time in your life and ensure that you are doing everything possible to protect your well-being and interests. There are many things to consider during a divorce, and having assistance with all legal aspects can make your life much easier.
Our team has been assisting clients in Fairfax, Arlington, Prince William, and throughout Northern Virginia since 1995. We have represented clients in hundreds of trials over the years and also assist clients in federal courts across the United States. Our attorneys are dedicated to providing dedicated and personalized representation to all of our clients, prioritizing service that satisfied clients have described as “honest and upfront” and “a job done well and with integrity.” Allow us to help you with your case. Contact May Law, LLP today to schedule your consultation.
How Our Divorce Lawyer Can Help You
When you are going through a divorce, there are many considerations such as the division of property and assets, child custody, spousal support, and more that our Chantilly, divorce attorney can help you with. We will work with you through every step of your divorce to ensure that all important matters are considered and all actions are taken legally, effectively, and efficiently as we protect your best interests and needs.
Determining Property Division, Child Custody, And Spousal Support
In Virginia, a court will divide property and assets between spouses in the manner that it deems to be the most fair. This does not necessarily half to be an even 50/50 split. Factors such as the contributions of the spouse to the property, the duration of the marriage, and circumstances leading to the divorce will be considered in this split.
Child custody decisions are made with the best interest of the child in mind, both in terms of their wants and what represents the best situation for their safety, well-being, and quality of life. The amount of spousal support is also determined with many factors in mind.
Our Virginia divorce lawyer can help you use mediation to come to agreements on all of these matters and more outside of the court. Not only can mediation save time and money, but it also avoids placing important decisions regarding you and your family in the hands of a judge that may not come to a conclusion that represents your best interests. If mediation is not fruitful, we can help you advocate for your needs and interests in court.
Contact Our Chantilly Divorce Lawyer Today
Whether you are already in the midst of a divorce or are preparing to file for divorce, our team can help you. Our legal knowledge and experience makes us an invaluable ally in this process. For more information on how we can assist you, contact May Law, LLP today.
Dividing Marital Assets And Debts In A Divorce
One of the most critical – and often contentious – issues that a Chantilly, VA divorce lawyer can protect for you is the division of marital assets and debt. The process can be complex and involves identifying, valuing, and distributing property and financial obligations acquired during the marriage.
The division of assets and debts is governed by state laws, which typically fall into one of two categories: community property or equitable distribution. The state of Virginia uses the equitable distribution method. To make sure your financial future is secure, call May Law, LLP to find out how we can help.
What Are Marital Assets And Debts?
Marital assets include property, income, and other resources acquired by either spouse during the marriage. Common examples include:
Real estate, such as the family home or rental properties.
Vehicles, including cars, boats, or recreational vehicles.
Financial accounts, such as savings, checking, or retirement accounts (e.g., 401(k), pensions).
Personal property, like furniture, jewelry, or artwork.
Business interests or investments started or expanded during the marriage.
Marital debts are financial obligations incurred by either spouse during the marriage. These may include:
Mortgage or car loans.
Credit card balances.
Medical bills.
Student loans, if taken out during the marriage.
Business debts.
It’s essential to differentiate marital property from separate property, which includes assets or debts acquired before the marriage, inheritances, or gifts received by one spouse. Separate property generally remains with the individual owner and is not subject to division.
Community Property Vs. Equitable Distribution
How assets and debts are divided depends on whether the couple lives in a community property or equitable distribution state. In community property states, marital assets and debts are typically divided 50/50 between the spouses, regardless of who earned the income or incurred the debt. Separate property remains with the original owner, while all jointly acquired assets and debts are divided equally.
As mentioned above, Virginia is an equitable distribution state. This means that marital assets and debts are divided in a manner considered fair but not necessarily equal.
Courts consider factors such as the length of the marriage, each spouse’s income and earning potential, contributions to the marriage (including homemaking), and custody arrangements for children. Your Chantilly divorce lawyer is dedicated to making sure you receive your fair share of marital assets.
Steps To Divide Assets And Debts
Inventory All Marital Property
Both spouses must disclose all assets and debts. Failing to report something could result in legal consequences later.
It’s crucial to include everything from large assets, like homes, to smaller ones, like household goods.
Determine the Value of Assets
Accurate valuation is necessary for equitable division. This may involve appraisals of real estate, vehicles, or valuable personal items.
Financial experts or accountants may be brought in to assess the value of retirement accounts, business interests, or investments.
Negotiate a Settlement
Couples can negotiate property division through mediation or collaborative divorce methods, often avoiding the need for a court to decide.
In many cases, couples aim for a balanced split of assets and debts, considering each party’s financial needs and contributions to the marriage.
Court-Ordered Division
If spouses cannot reach an agreement, a judge will decide how to divide assets and debts based on state laws and fairness.
Courts may assign one spouse responsibility for certain debts while awarding the other spouse specific assets, like the marital home.
Special Considerations In Dividing Assets And Debts
Retirement Accounts
Dividing retirement accounts often requires a Qualified Domestic Relations Order (QDRO) to ensure compliance with tax laws and plan rules.
Future taxes and penalties may need to be considered when splitting these assets.
Debt Responsibility
Even if a court assigns one spouse responsibility for a debt, creditors can still pursue either party if the debt was jointly incurred.
Refinancing or consolidating debts can help ensure clear responsibility moving forward.
Hidden Assets
If one spouse suspects the other is hiding assets, forensic accountants may be needed to uncover undisclosed property or accounts.
Family Home
Deciding who keeps the family home can be emotional and complex. Some couples sell the property and split the proceeds, while others negotiate a buyout.
Make Sure You Are Legally Protected
Dividing marital assets and debts in a divorce is a multifaceted process that requires careful planning, transparency, and, often, compromise. Whether done through negotiation, mediation, or court proceedings, the goal is to reach a fair resolution that enables both parties to move forward financially.
Each Chantilly divorce lawyer at our firm has extensive experience in this area of law. You can be confident that when you retain an attorney from May Law, LLP, you will have no stronger advocate in your corner. Call our office today to learn more.