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Virginia follow an "equitible distribution" policy, like most states. That doesn't necessarily mean a 50/50 split (although it often does).
When dividing up the property, the judge will look at the following factors:
As you can see, the 5th factor down allows the judge to consider the reason for the divorce when dividing up the property.
So, if the divorce is because you had an extra-marital affair, the judge could reduce your portion, but that doesn't mean he is required to do so.
Ok we also work together he is a business owner and obviously makes more money then I do. Am I entitled to take my check that I receive which pays our mortgage?
Once the divorce is filed, the judge will enter temorary orders dictating how the bills are to be paid, etc.
So should we get a lawyer together or separate because we are trying to be fair to one another without having to go to court.
An attorney can only represent both parties to a divorce if nothing is disputed. Basically, if you have one attorney, they are there to complete the motions and walk you through court. If you want to go that way, you and your husband need to have everything worked out before you go see the attorney.
Ok I understand so it is ok to have one lawyer as long as we have an agreement worked out is that correct?
Give me one second to check the Virginia law on that...
An attorney cannot technically represent both parties, but that does not prevent you and your husband from working everything out, and one of you hiring the attorney, and the other representing him or herself. Ultimately, if everything is worked out, the attorney will only be filing the agreed pleadings and carry out the divorce. So, you won't have to spend money on two seperate attorneys, but you can still have the divorce proceed smoothly.
Ok and one last question. Am I better off to stay in the home or go ahead and move out. Don't you have to be separated for at least one year in Virginia before getting a lawyer or is that something we can do now while still living together? That's where I am getting confused.
You can still live together while the divorce is pending. Legally, you can live together even after a divorce.
So I guess there is no such thing as having to be living separate for a year before filing for a divorce. So do you need to file a separation agreement as well or just the divorce?
No, you do not need to be separated to get a divorce.
You can skip the separation part altogether and move straight to divorce.
Ok well that answers that for me. Thank you very much I really appreciate your answers. They have helped.
Glad to help.
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Most definitely and thank you.
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