Ann, under Virginia Code Sec. 20-107.3E, some of the factors
influencing the award of equitable distribution include the following,
all of which can be affected by fault, directly or indirectly, so
that's a "yes" from Virginia:
E. The amount of any division or transfer of jointly owned marital
property, and the amount of any monetary award, the apportionment of
marital debts, and the method of payment shall be determined by the
court after consideration of the following factors:
1. The contributions, monetary and nonmonetary, of each party to the
well-being of the family;
2. The contributions, monetary and nonmonetary, of each party in the
acquisition and care and maintenance of such marital property 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;
-- -- --
Douglas J. Sanderson
McCandlish & Lillard, P.C.
11350 Random Hills Road, Suite 500
Fairfax, Virginia 22030-7429
Telephone: (703) 934-1122
Facsimile: (703) 352-4300
email: dsand@xxxxxxxxxxxxx
www.mccandlaw.com
On Jan 18, 2011, at 11:35 AM, Ann Gushurst wrote:
Hi everyone. I just read that New York is becoming a no fault state and that there are now 49 no fault states. I think they must mean that you no longer have to prove fault in order to qualify for a divorce.
However, I am doing some research on this, and discovered that many states have provisions wherein fault regularly influences awards. For example, if there is fault, spousal support is largely off the table.
I was wondering if you could let me know whether or not in your jurisdiction, fault is a serious consideration….
Thanks!
Ann Gushurst
Gutterman Griffiths PC
10375 Park Meadows Drive, Suite 520
Littleton, CO 80124
Phone: 303-858-8090
Fax: 303-858-8181
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