Virginia residents who are considering divorce may wish to know more about how the process can differ from one state to another. Particularly for those spouses who own property in more than one state, there are some important considerations regarding divorce laws that may be worth understanding before divorce proceedings begin.
For instance, different states often use different definitions of what constitutes separate property and what is considered marital property. In some states, property can only be separate if it was owned before the marriage began or if it was received as an inheritance by either party. In other states, marital property and separate property may not be distinguished from one another.
Similarly, property distribution is determined by state laws. If the state in question recognizes community property, then assets may be divided 50-50. On the other hand, if the state is an equitable distribution state, then assets must be divided fairly and equitably, though not necessarily by half. As one might expect, the specific factors used to decide how property is divided also vary among different jurisdictions.
Since the laws and regulations surrounding these matters are by no means uniform, it may be helpful for someone considering a divorce to meet with a family law attorney who is able to provide legal counsel that is adapted to the individual circumstances of the case as well as to the specific needs of the client. Meeting with a family lawyer may improve the likelihood of achieving a satisfactory outcome for all parties involved.