Does Virginia law require that marital property be divided equally between the parties?
No. Virginia is not a “Community Property” State, and it has adopted an Equitable Distribution statute that governs the award of property in a divorce case. In contested cases, the Court must consider a number of factors which include the length of the marriage, the monetary and non-monetary contributions of the parties, the reasons for the dissolution of the marriage and other considerations. Virginia courts must identify and value the marital and separate property of the parties. If I have a court ordered obligation for spousal support or child support, can I have a binding verbal agreement to modify the amount without changing the order? No. It is not unusual for parties to agree to changes in the court ordered support contributions after a significant change in circumstances. However, the law requires that there be a modification of the court order for these changes to be enforceable. This can often be done by consent orders, but failure to enter an order changing the amount could
