Fighting for Fair Property Division
Law Firm Serving Virginia, including Norfolk, Virginia Beach and Hampton Roads
Dividing your property is one of the most challenging issues during a divorce. How you decide to handle property division could have a significant impact on the time it takes to resolve your divorce.
An experienced lawyer from Montagna & Montagna, P.C., can help you arrive at a good result around the negotiation table and, if necessary, aggressively defend your interests in court.
Contact our law firm for a free initial consultation.
Equitable Distribution in Virginia Courts
Virginia's property division laws are based on equitable distribution, or what is fair. Judges have discretion to divide your property and assets in a way that they believe is fair. This rarely means a 50/50 division. They will look at factors such as:
- The length of your marriage
- Your monetary and non-monetary contributions to the family's well-being and property
- Your age and abilities, including ability to earn money
- How your property was acquired
The court may even look to what caused the divorce to determine how marital assets should be divided.
This kind of system requires parties to present evidence and effective arguments for why they are entitled to certain property. The process can become adversarial, requiring a dedicated attorney who will fight to preserve your rights.
Skilled Negotiators, Comprehensive Strategy
Our attorneys are skilled negotiators in and out of the courtroom. We listen to our clients to determine the best strategy. Oftentimes, going to court is not the right answer. Equitable distribution can lead to a result that neither party is happy with.
If you and your spouse are able to work together, we may be able to decide on some or all aspects of property division before going to the court.
Successfully Dividing Your Property
We can help you inventory your property and get property appraisals/valuations where necessary. Then, we will work towards dividing your property in a way that meets your financial interests, whatever your property and assets:
- Real estate (homes, land, vacation homes)
- Bank accounts
- Personal property (gifts, furniture, clothing and vehicles)
- Pensions / Retirement plans (IRAs, 401(k)s)
- Business property (buildings, stock options)
- Debts (loans, mortgages, credit cards)
Contact Montagna & Montagna, P.C.
At Montagna & Montagna, P.C., we have decades of experience representing clients going through divorce and dealing with property division. We understand the emotional turmoil these decisions cause. We are here to help. That is why we do what we do.
Let our family help your family. Contact our law offices for a free consultation today.
