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Why you should be prepared to take your divorce to court

Divorce is never easy. From dividing assets to determining child custody, the prospect of separating the most important parts of your life is daunting and often contentious.

Not every divorce is a battle, but your goal is to come out on the other side with a lifestyle that fits your new needs. That means ensuring your financial freedom and, if you have children, making sure you maintain a healthy relationship with your kids.

Whether you are just beginning to explore divorce or have already begun the process, you should be prepared for litigation.


Asset division

Virginia is among the majority of states in that it requires an equitable distribution of assets. The word “equitable” can be confusing because this doesn’t mean property will be split 50/50. Instead, the courts use statutory factors to determine the division of your estate.

It’s likely that your estate is complex and varied. Dividing assets includes your physical property such as real estate and financial portfolio that may include multiple investments and retirement accounts.

With so much at stake, litigation may be required for you to fight for every piece of the estate that you deserve.

Child custody

If you’re a parent, maintaining a relationship with your child is likely one of your biggest concerns. While negotiating a parenting plan can often be the best solution for you and your kids, it is not always realistic.

Divorce is rarely simple and straightforward, but even the most contentious divorce shouldn't affect your children. Whether you are trying to sole custody or want to create a fair visitation schedule, you need to be prepared to take your custody fight to court.

While child custody and asset division are likely two of your primary concerns, there are other issues that will need attention. Given the complexity of many divorces, it's imperative you are prepared for potential litigation.

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