This agreement is usually called a Separation and Property Settlement Agreement. However, in the event that the parties are unable to agree upon a division of their property rights, either just between themselves or with the aid of attorneys representing each party, there must be a procedure whereby the Court can determine how to divide up parties' property. That is not the case in Virginia. However, determination of what belongs to each spouse is not controlled by whose name is on the title. For example, just because a house or a car is titled only in the name of the Husband or the Wife does not mean that the other party has no interest in that property.
Marital property is basically everything else.
There are numerous factors in the Virginia Code which the Court must take into consideration in deciding how to divide up marital property. Such other factors as the Court deems necessary or appropriate. The only way to obtain information with regard to YOUR particular case is to arrange for an appointment for a consultation in my office. In order to determine custody of a minor child, the court must determine what is in the best interests of the child. Following are the factors which a Court is required to consider in determining what the best interests of a child are.