Friday, March 28, 2014
Divorce Attorneys Prince William 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:
The Prince William Circuit Court, Virginia, agreed to
rule on the issue of whether, for purposes of equitable distribution, plaintiff
husband committed marital waste by transferring his construction business to
his father during his marriage with defendant wife. The wife contended that she
did not know of the sale of the business until the litigation. The equitable
distribution statute, Va. Code Ann. § 20-107.3, was designed to provide each
spouse, upon their divorce, with a fair share of the property accumulated
during the marriage. The wife argued that the transaction was such that she
should be entitled to present additional evidence to establish that it was a
waste, because it occurred in anticipation of divorce, during a time when the
parties were separated. Although the parties were separated at the time, it was
obvious that it was not a time when the marriage was undergoing an
irreconcilable breakdown. The sale of the company did not constitute waste or
dissipation.
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:
- The equitable
distribution statute, Va. Code Ann. § 20-107.3, is designed to provide
each spouse, upon their divorce, with a fair share of the property
accumulated during the marriage. Normally, only property owned by the
parties at the time of the last separation is considered. However, if
marital assets have been wasted or dissipated in anticipation of the
separation or divorce, equity can be accomplished only if the spouse who
last had the funds is held accountable for them. The money or property
must be considered a marital asset held by the party who squandered or
destroyed it. Then, the trial judge may consider the waste as a
"negative" factor under Va. Code Ann. § 20-107.3(E) in making an
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.
Disclaimer:
