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How can you ensure a fair division of property during divorce?

On Behalf of | Aug 8, 2023 | Family Law

Divorce brings many challenges that require careful planning, and the division of property stands out as one of the most complex issues. In Virginia, “equitable distribution” governs the division of marital property, meaning that the court divides assets fairly but not necessarily equally.

Knowing how this works and what steps you need to take can help you ensure a fair distribution.

Understand the definition of marital property

You need to recognize what Virginia law defines as marital property. Typically, marital property includes the assets and debts you both acquired during the marriage. Anything classified as separate property, like inheritances or gifts to one spouse, will remain separate. This distinction directly affects how you will divide the property.

Engage in open and honest communication

Openly and honestly communicating with your spouse can simplify the division process. If you can, discuss your assets and liabilities and try to agree on how to divide them. Clear expectations and an understanding of each other’s needs can create a fairer division.

Collect and organize all necessary documents

Collecting proper documentation supports your claims about the property. Organize important papers such as property deeds, bank statements, tax returns and investment accounts. This organized information provides a clear view of your financial situation and ensures that you consider all relevant assets and debts during the division process.

Think about getting help

Consider professional mediation or financial planning. Mediators can guide communication and negotiation between spouses, and financial planners can offer insights into managing assets and debts.

Be ready to negotiate

If disagreements arise over the division, you must be ready to negotiate. Concentrate on what matters most to you and be willing to compromise on other issues. Effective negotiation helps both parties arrive at a fair agreement that considers the needs of both sides.

The division of property process may seem daunting, but with careful organization, patience and a willingness to cooperate, you can reach a fair and respectful resolution.