Property Division That Works For You
Just because Virginia is an “equitable distribution state,” it does not mean that all property divisions are equal for each party involved. Schmergel & Mersberger, PLC, advocates for the most favorable division outcomes for our clients under the circumstances. We do this by:
- Identifying all assets and liabilities
- Classifying marital and separate property
- Developing and executing a division strategy in negotiations or litigation
Our firm gives you an edge in property division matters by leveraging our experience representing high-asset divorces for our clients in northern Virginia.
Definitions Matter
How assets get defined can significantly affect property division, and it is our job to make sure the outcome of your property division is a positive one. Property that was purchased before marriage and owned by one spouse or was an inheritance or gift received during the marriage is separate property. On the other hand, if one spouse owns a business that started before the wedding but the other spouse works to build its success, it is more likely considered as marital property. Some assets may have elements of both marital and separate property, known as “hybrid” property, and we have the experience to present evidence necessary to trace your separate investments and exclude them from the division.
Court Considerations
If the property division goes to litigation, the court will examine the arguments raised by each spouse’s attorney. The court considers the age of each spouse, the length of the marriage and the financial prospects and employability of each person, among other things. The existence of a premarital or postnuptial agreement also influences property division. It is essential to retain legal representation that clearly asserts your case and fights aggressively for your goals.
Reach Schmergel & Mersberger Today
We can help you cut through the complexities of property division with our progressive, boutique firm approach. Give us a call at 703-763-2645 or contact us online to schedule an initial consultation.