Category Archives: Family Law

Marital & Separate Property in Virginia and Tips if You Are Planning on Leaving the Marital Residence

At time of the final hearing in divorce cases the Judge has the statutory duty to classify all property as marital( broadly meaning acquired during the marriage using marital funds) or separate property ( broadly meaning acquired before the marriage, after separation, or by inheritance or gift from a third party) or in some instances… Read More »

By The Daugherty Law Firm, P.C. | Published February 24, 2017 | Posted in Family Law | Tagged divorce, separation, what to do when separating |

How Does Fault Factor Into Distribution Of Marital Property At Divorce Trial:

Virginia has several fault based grounds for divorce, the most frequent being – adultery, desertion and abandonment, and cruelty. Virginia law states that a judge shall consider several factors listed in §20-107.3 of the Virginia Code when deciding how to divide marital property. One specific factor that is listed is “the circumstances and factors which… Read More »

By The Daugherty Law Firm, P.C. | Published February 22, 2017 | Posted in Family Law | Tagged divorce, divorce law, separation |

Understanding Spousal Support/Alimony in Virginia

Alimony or spousal support is based upon the philosophy that there is a duty of one spouse to provide financial support to the other upon the termination of marriage. The theory of alimony has changed over the decades to recognize the ability of either spouse’s ability to provide financial support to the other, rather than… Read More »