Friday, August 22, 2014
Divorce Attorneys Loudoun Virginia Equitable Distribution
If you are dealing with a divorce in Virginia or
about to go through a divorce in Virginia, contact us for help.
We have client meeting locations in Fairfax
Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.
Contact our law firm today to speak with a
lawyer today about your Divorce Case. An
attorney from our firm will do his best to help you.
We will do our absolute best to help you get the
best result possible based on the facts of your case. Our law firm has the necessary experience to
assist you with this matter.
Darwin v. Darwin
Facts:
Prior to getting married in Loudoun, plaintiff wife and
defendant husband discussed entering into a premarital agreement. She prepared
a document and gave it to defendant a week before they married. After they married,
separated, and plaintiff filed for divorce and equitable distribution of
property, pursuant to Va. Code §§ 20-91 and 20-107.3, she could not recall if
they had actually signed an agreement. Defendant insisted they had, in fact,
signed the agreement and property should be distributed thereunder; however, he
was unable to produce any evidence of a signed agreement. He also filed a
cross-bill for divorce on fault grounds. Following a hearing, plaintiff moved
for a no-fault divorce and defendant agreed. In a letter opinion, the court
granted her a no-fault divorce, the parties having been separated for over a
year. The court also ruled that defendant had the burden of proving an
agreement and that the evidence failed to show that they had entered into a valid
agreement under Va. Code § 20-149, which required a signed writing.
Accordingly, the court classified the assets and liabilities of the parties as
separate or marital. The marital property and debt were divided equally.
If you are facing a Divorce case in Virginia, contact a
SRIS Law Group lawyer for help. You can
reach us at 888-437-7747
Holdings:
The
Virginia Court made the following holding:
- When husbands and wives
litigate equitable distribution, which leads to the inevitable delay in
resolving their property rights, they both assume the risk of depreciation
and market value fluctuations of their marital property. Circumstances
that lead to the dissolution of the marriage but have no effect on the
marital property or its value are not relevant to the determination of a
monetary award and need not be considered.
If
you are dealing with a divorce in Virginia or about to go through a divorce in
Virginia, contact us for help.
We have client meeting
locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Contact our law firm today to
speak with a lawyer today about your Divorce Case. An attorney from our firm will do his best to
help you.
We will do our absolute best
to help you get the best result possible based on the facts of your case. Our
law firm has the necessary experience to assist you with this matter.
Disclaimer:
