Virginia Provisions Which May Be Added to a Division Or Transfer Order When it comes to dividing or transferring property and assets during a divorce or separation in Virginia, there are various provisions that may be added to a division or transfer order. These provisions ensure fairness and clarity in the distribution process. The following are some different types of Virginia provisions that may be included: 1. Equitable Distribution: Virginia follows the principle of equitable distribution, which means that marital property is divided fairly, but not necessarily equally, between the spouses. The court considers various factors such as the contributions of each spouse, the duration of the marriage, and the age and health of the parties involved. 2. Spousal Support: Also known as alimony, spousal support may be included in a division or transfer order. This provision provides financial assistance to a financially dependent spouse for a specific period of time or indefinitely, depending on the circumstances of the case. 3. Child Support: When children are involved, child support is an essential provision that ensures the well-being of the children. It typically includes provisions for financial support, medical insurance, and other necessary expenses related to the children's upbringing. 4. Child Custody and Visitation: If there are minor children, the division or transfer order may include provisions regarding child custody and visitation. These provisions outline the custody arrangement and visitation schedule that promote the best interests of the children involved. 5. Marital Residence: The division or transfer order may address the division or transfer of the marital residence. It may provide details on how the property will be divided, sold, or transferred to one of the spouses, based on the circumstances of the case. 6. Retirement Benefits: In cases where one or both spouses have retirement accounts, the division or transfer order may include provisions for the division or transfer of these benefits. This ensures that both parties receive an equitable share of the retirement assets. 7. Debt Allocation: The division or transfer order may allocate marital debts between the parties. This provision outlines who will be responsible for paying certain debts, such as mortgages, credit card debts, or car loans, after the divorce or separation. 8. Insurance Coverage: If one spouse provides health insurance coverage for the family, the division or transfer order may include provisions for maintaining such coverage. This safeguards the healthcare needs of the children and the financially dependent spouse. 9. Tax Considerations: In certain cases, the division or transfer order may include provisions related to tax considerations. This ensures that both parties understand their tax responsibilities and liabilities resulting from the division of property and assets. It's important to note that the specific provisions included in a division or transfer order may vary depending on the unique circumstances of each case. Consulting with a qualified family law attorney is crucial to ensure accurate and comprehensive provisions related to the division or transfer of property and assets in Virginia.
Virginia Provisions Which May Be Added to a Division Or Transfer Order
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All motions, except motions for the qualification of attorneys at law to practice in this Court, shall be in writing and filed with the clerk of this Court. All motions shall contain a statement by the movant that the other parties to the appeal have been informed of the intended filing of the motion.
(a) Local Rules. (1) In General. After giving public notice and an opportunity for comment, a district court, acting by a majority of its district judges, may adopt and amend rules governing its practice.
Ing to § 20-107.3(A)(1), sep- arate property is all property of whatever kind ac- quired before marriage, all property acquired during the marriage by bequest, devise, descent, survivor- ship or gift from someone other than the other spouse and "all property acquired during the marriage in ex- change for or from ...
If a request, response, or objection is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the party making the request, response, or objection, and a party shall not be obligated to take any action with respect to it until it is signed.
A grouping of formal or informal rules or regulations, adopted and implemented at a local level, that govern the practical or procedural affairs of a local court.
? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.
Under Virginia Code § 20-107.3, the court in a Virginia divorce must consider all property of the parties whether real or personal, tangible or intangible, and determine which is separate property, which is marital property, and which is part separate and part marital property.
EDVA Local Rule 83.1 requires all foreign attorneys, including most federal government attorneys, to partner with local private counsel qualified to practice in the EDVA before appearing in a case.