Marriage Settlement Agreement Virginia

Virginia`s statutes now provide for the “adequate” distribution of marital property and marital debts between the parties after the divorce. “marital property” consists of all property titled in common and any other property taken, with a property other than a separate property acquired by one or both parties from the date of marriage until the final separation. “separate property,” property owned by a party before marriage, property acquired after the separation of the parties, or property and/or gifts inherited from a third party. When “marital property” and “separate ownership” are mixed or if the value of the “separate property” is increased by the active efforts of one of the parties during the marriage, that property may be considered “marital property” or “separate property.” As a general rule, the debt is considered a “marital debt” when it is in the common name of the parties and is born before the date of the last separation of the parties or, for debts that are in the name of a party only if the debt was born after the date of marriage and before the date of the last separation of the parties. On the other hand, “dissociated debts” are debts that were incurred only in the name of a party before the marriage or after the date of the final separation of the parties. In determining whether a debt is marital or separate, the court may also consider the cause of the existence of a debt. Proving adultery is very factual. The evidence must be severe, satisfactory and conclusive that the other spouse did have sex with another person. While there must be some confirmation of a spouse`s testimony to prove adultery, “eyewitness” testimony about non-adulterers is required. In fact, most cases of adultery without testimony are proven by other evidence of circumstances.

Sodomy is a sexual act, except for sexual intercourse, such as oral or anal sex. To justify a divorce, it must be committed with someone outside of marriage. Buggery is a bestiality or sexual act against nature. The standard of proof for these reasons is the same as for adultery. Suspicion or speculation is not enough. Virginia law recognizes two types of divorce: divorce from bed and board (a cafeteria and thoro) and divorce from marriage (a vinculo matrimonii). Divorce from bed and pension is a partial or qualified divorce, under which the parties are legally separated but cannot remarry. A divorce from marriage is a complete and absolute divorce. Anyone who has granted a divorce from the bed and the board of directors can ask the court to “merge” the decree into a divorce from the induction of the marriage after at least one year from the date on which the parties were initially separated. The law stipulates that “reasons” (valid grounds for divorce imposed by law) must be invoked to justify the divorce and be proven in court, even if the parties agree to a marriage being broken.

These reasons are briefly described below. In the case of a fair distribution of the matrimonial estate, the courts may order cash bonuses to one of the parties, distribute the property, sell the property or transfer jointly titled matrimonial property to one of the parties. Courts can also apportion liability for marital debts. Under Virginia`s “fair distribution” system, the court is not required to distribute marital property or debt on an equal basis.