In Virginia, fault can influence property division and can prevent
alimony (which otherwise is awarded more liberally than in most other
states, when requested). Besides the fault grounds of divorce
(adultery, desertion, [repeated, physical] cruelty, or imprisonment),
an unequal property division can also be awarded based on -
-either party's negative or positive, monetary or non-monetary
contributions to the marriage
-a party's contrbution to a particular marital asset
-the factors and circumstances that led to marital dissolution,
including but not limited to fault grounds
-or many other factors that are not fault-related, including anything
the judge considers significant.
We have no rule or presumption in favor of a 50-50 division but we
all nearly always act as if we did.
These "unequal division" factors usually cost people more in extra
legal fees than they gain from them, and they drive settlement
positions apart, and make people "invest" in fault proof and
pleadings and then want something in return. But there have been some
cases where they've made a huge difference.
--
John Crouch
Crouch & Crouch
2111 Wilson Blvd., Suite 950
Arlington, Virginia 22201
703-528-6700
divorce@xxxxxxxxxxx
http://www.divorceandestateplanning.com
http://www.crouchfamilylaw.com
Fellow, International Academy of Matrimonial Lawyers
and International Academy of Collaborative Professionals
