Equitable Distribution Attorney

Experienced Divorce Lawyer Helping Clients in Richmond and Several Other Nearby Cities and Counties Divide Property Fairly

No matter how long you have been married, you and your spouse have likely acquired personal and real property, along with debts. Each of you may have had debts and possessions before your marriage. When you divorce, dividing your assets and debts can cause extreme conflict. Virginia uses equitable distribution to divide property based on various factors. The split is not necessarily 50-50; instead, each spouse should receive an equitable or fair share.

Deciding on a fair division is often challenging, especially if you are already in the midst of a high-conflict divorce. Couples with high incomes and valuable assets may also face unique challenges related to the valuation of different types of property. Carol A. N. Breit, Attorney at Law, has first-hand knowledge gained through over 45 years of legal experience. We provide legal help in divorce cases throughout the area surrounding Richmond, including Henrico County, New Kent County, Powhatan County, Goochland County, Hanover County, and Chesterfield County.

We know how to protect your interests and ensure that property is distributed equitably. Whether you are looking to negotiate an agreement using mediation or collaborative law, or you are involved in a highly disputed case that will require litigation, you can trust us to provide the exceptional legal advice and counsel you need.

All Assets and Debts Should Be Included in Property Division

It can be a daunting task to list all your assets and debts and place accurate values on each of them. However, you will need to make sure you account for every asset, including:

• Your marital residence, vacation homes, and any other real estate property
• All financial accounts, such as pensions, bank accounts, investment accounts, money market accounts, annuities, life insurance, and any retirement accounts
• Business interests
• Vehicles, including boats and recreational vehicles
• Joint personal property, such as valuable collections, home furnishings, and electronics

If you have provided a renter's or homeowner's insurance company with lists of your personal property, you can use that list as a starting point. However, that list may not reflect recent purchases. Be sure to fully review all of the property you own or your spouse owns.

Your joint debts may include car payments, mortgages, credit cards, personal loans, medical bills, and other debts. It is important to note each spouse's debts and assets before the marriage. Inheritances either of you may have received while married may be classified as separate property or hybrid property.

Determining What Is Equitable in Virginia Property Division

If you and your spouse cannot agree, the Court will decide on an equitable split of your assets and debts. To retain more control, it is best to find solutions that both parties can agree on. If a Judge decides, various factors will be considered, including:

• The validity of any prenuptial or postnuptial agreements
• Each spouse's health, age, earning capacity, and financial stability
• Child custody agreements
• Grounds for divorce and the economic impact of those grounds
• How each spouse contributed to your marriage monetarily and nonmonetarily
• How long you have been married

If your spouse is vindictive, he or she may attempt to hide assets, spend significant sums of money, borrow large amounts of money, or use your joint credit to draw funds for himself or herself. Your attorney can help you gather evidence proving these actions and present it to the court.

Your Divorce Attorney's Role in Equitable Distribution

Tension, bitter arguments, and stress can make it difficult to think clearly about how to divide your assets and debts. You may feel that you have to agree to your spouse's demands so you can finalize your divorce, or you might have needs of your own that your spouse refuses to consider. Your lawyer can intercede by helping you put your emotions aside and make logical, reasonable choices. Our attorney can negotiate with your spouse and his or her attorney to reach a compromise. Our office has years of litigation experience upon which we can draw to make recommendations to you.

Our job is to protect your best interests while helping you reach a solution the Court will approve. As we work together, we will develop an understanding of your unique situation, and we will use that knowledge to your benefit.

Call Our Property Division Attorney Serving Richmond and Other Surrounding Cities and Counties

Choosing Carol A. N. Breit, Attorney at Law, will give you several distinct advantages during your divorce. We will provide caring, personal, and wise advice to you. We believe that the quality and level of service we provide is uniquely suited for you and the facts of your case. Send us an online consultation request or call us at 804-282-9226 today to get started.