How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Chris T., JD Your Own Question

Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3818
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
45002201
Type Your Family Law Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

I have been married for almost 13 years and I am in the process

Resolved Question:

I have been married for almost 13 years and I am in the process from separating from my husband and moving out of the home. My question is about our 2 checking accounts we have am I entitled to at least half of the money that we have together? There has been cheating on my part and I wanted to know if that also has an affect on that as well. Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

texlawyer :

Good morning. I'll be assisting you with your question.

Customer:

Good morning.

texlawyer :

Virginia follow an "equitible distribution" policy, like most states. That doesn't necessarily mean a 50/50 split (although it often does).

texlawyer :

When dividing up the property, the judge will look at the following factors:

texlawyer :

  • The contributions, monetary and nonmonetary, of each spouse to the well-being of the family

  • The contributions, monetary and nonmonetary, of each party in the acquisition, care and maintenance of the parties' marital property

  • The duration of the marriage

  • The ages and physical and mental condition of the parties

  • The circumstance and factors that contributed to the dissolution of the marriage, including certain grounds for divorce

  • When and how certain items of marital property were acquired

  • The debts of each spouse, the basis for the debt and the property serving as security for the debt

  • The liquidity of the marital property

  • The tax consequences of dividing marital property

  • Any dissipation or expenditure of assets or funds in anticipation of divorce

  • Any other factors a judge deems necessary or appropriate to consider in order to arrive at a fair and equitable distribution

texlawyer :

As you can see, the 5th factor down allows the judge to consider the reason for the divorce when dividing up the property.

texlawyer :

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.

Customer:

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?

texlawyer :

Once the divorce is filed, the judge will enter temorary orders dictating how the bills are to be paid, etc.

Customer:

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.

texlawyer :

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.

Customer:

Ok I understand so it is ok to have one lawyer as long as we have an agreement worked out is that correct?

texlawyer :

Give me one second to check the Virginia law on that...

texlawyer :

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.

Customer:

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.

texlawyer :

You can still live together while the divorce is pending. Legally, you can live together even after a divorce.

Customer:

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?

texlawyer :

No, you do not need to be separated to get a divorce.

texlawyer :

You can skip the separation part altogether and move straight to divorce.

Customer:

Ok well that answers that for me. Thank you very much I really appreciate your answers. They have helped.

texlawyer :

Glad to help.

texlawyer :

If I can't do anything else for you, please remember to "rate" my answer. Good luck.

Customer:

Most definitely and thank you.

Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3818
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
Chris T., JD and other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
Chris T., JD
Chris T., JD
Family Lawyer
3818 Satisfied Customers
I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.