Divorcing couples have many concerns which usually include child custody and property division and may also include child support and spousal support or alimony. While a military divorce can carry with it certain complexities, there are some basics to understand that apply to most divorces.
Getting answers to common property division questions is important for divorcing military spouses. Property division in Virginia is conducted according to equitable property division rules which means property will be fairly divided between the divorcing spouses. What is considered fair is based on a variety of factors the family law court will consider. It is important to keep in mind that what may be fair may not necessarily be a split of property in half.
There are also different types of property that will be used to categorize and divide property so it is helpful to be familiar with those different categories. Categories of property include marital property, which is generally subject to division, separate property, which is generally not subject to division, and property that may have been comingled the division of which may vary. Property can also be assessed on an individual basis such as a marital home which may go to the parent with primary custody; to one of the spouses; or be sold and the proceeds divided.
As is always the case during a divorce and the property division process, state laws are important to be familiar with in addition to understanding the process generally and knowing what to expect. Family law resources are available to help divorcing couples through the difficult process of dividing their marital property and other concerns.