The division of property is a highly technical area of Family Law that requires serious consideration and experienced representation.

In Virginia, property (and debts) acquired in a marriage are classified and divided either by agreement of the parties or by the court in equitable distribution. While the parties can divide the property in a marital settlement agreement, it is essential that you understand that the process is much more complex than merely dividing property 50/50.

Property can be classified as separate, marital or hybrid (part marital/part separate). Any analysis of property division first starts with an identification of the nature and value of assets and then a determination of the resulting ownership interests in the property. There is no presumption in Virginia that property is to be divided 50/50 in divorce. Importantly, a party may own property that is 100% soley theirs as it may be totally “separate” property (i.e. acquired prior to the marriage or after the date of separation, acquired by inheritance or gift or acquired from resources that were from pre-marital or post separation sources). The marital portion of Hybrid property may be divided among the parties with the greater balance going to the party who owned the separate interest therein.

The right law firm and lawyer can make the difference

Disputes over property division often arise when an opposing party does not understand or accept how property is classified and/or valued. For instance, the parties may not be able to agree on the nature of the asset (ex. one party may claim that an asset is “separate” when in fact it is legally marital or vice versa). Or, the parties may disagree as to the value of an asset or how it is to be disposed of and when (ex. a party may disagree that a home “under water” should be sold at all or may disagree as to how the deficiency should be paid for, etc.). Or, parties may just disagree on how an asset or debt should be divided, etc. As such, an attorney experienced in equitable distribution and family law is not only advisable-it is a necessity.

At the Law Office of William R. F. Conners, P.C., our firm is experienced at handling complex equitable distribution cases. We leverage our legal knowledge and strategic tools to accomplish our client’s goals whether it be tracing a client’s separate interest in an asset, or using expert testimony to prove the value of an asset, or arguing for a greater division of an asset or preferred disposition of an asset or many other issues.

In equitable distribution, the court considers numerous factors. In order to build your case and best represent you, the Law Office of William R. F. Conners, P.C. will evaluate the following critical factors:

  1. The contributions, monetary and non-monetary, of each party to the well-being of the family;
  2. The contributions, monetary and non-monetary, of each party in the acquisition and care and maintenance of such marital property of the parties;
  3. The duration of the marriage;
  4. The ages and physical and mental condition of the parties;
  5. The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivisions (1), (3) or (6) of § 20-91 or § 20-95;
  6. How and when specific items of such marital property were acquired;
  7. The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities;
  8. The liquid or nonliquid character of all marital property;
  9. The tax consequences to each party;
  10. The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and
  11. Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.

The process of equitable distribution is highly technical and requires a detailed oriented attorney. The best outcome in equitable distribution should never be left to chance. The Law Office of William R. F. Conners, P.C. is committed to fully understanding all the facts and financial aspects involved. Our legal knowledge, experience and court room skills are used to best achieve your goals.

Our decades of experience give you the edge

At the Law Office of William R.F. Conners, P.C., we represent many clients in complex divorce cases which include representing clients with business holdings, extensive property and executive level careers. We are compassionate and responsive to client’s needs and our philosophy is that whenever possible, matters of divorce should ideally be resolved amicably. You will be guided in determining whether your divorce can be uncontested and by agreement (to save money and emotional strain) without the need for litigation. However, if litigation becomes unavoidable, you can feel confident that our legal knowledge, active litigation practice and court room skills are always at the ready to ensure your rights are well protected and advanced.

Need Valuable, No-cost, Initial Information? Read our Frequently Asked Family Law Questions (FAQs) on the Family Law issues that we help our clients with:

After reading the FAQs (above), the first step for most of our clients is the Divorce Consultation, and the other resources on this web site, your next step should be arranging a Family Law Consultation to get important Family Law advice.

Meet with us and understand your rights

During our-hour long Family Law Consultation, you will meet with founding partner William R.F. Conners and/or another experienced Family Law attorney affiliated with the Firm. We will discuss your issues, family and financial history. In the course of the consultation, we will assess your situation, advise you of your legal rights and obligations and identify your options and remedies. After the consultation, you will have a deeper understanding of the issues which you face, the divorce process and what steps you need to take to protect your rights and achieve your goals.

The uncertainties can seem overwhelming, but with the support of our attorneys and staff, you will never find yourself feeling adrift or unknowledgeable. The Law Office of William R.F. Conners, P.C., will help you sort through critical decisions and equip you with the insight and advice to guide you and protect your family and future.

Contact the Law Office of William R. F. Conners, P.C. for assistance with your Divorce and Family Law matter.

Consultations offered by appointment • Credit cards accepted • Fee charged for consultations relating to Divorce and all Family Law matters

The Law Office of William R.F. Conners, P.C. in Leesburg, Virginia serves Loudoun County and the cities of Leesburg, Middleburg, Sterling and Ashburn, as well as all other communities in Loudoun County, Virginia.