Legal Question in Family Law in Virginia
divorce
I'm in the process of a divorce of 12 years. During the marriage I worked and brought home approx 40-50,000 per annum. My husband owned and operated his own shoestore. I now know he has lied repeatedly on his income taxes but never knew this while living together. He claimed he made only 15-30,000 per year but I now have records to show he possibly earned as much as $90,000 per year. Under Virginia law he is susposedly entitled to part of my pension and annunities that I PAID FOR. Yet I've run into a brick wall trying to find out how much of his business I might possibly be entitled to? He did own the business prior to our marriage but isnt my 12 years of support and his fradulant tax returns enough for me to have some claim against him? THIS IS NOT FAIR since his abuse caused me to leave the marital home, seek counseling, lost my job and have no income at present . "He Assualted me with a LOADED GUN"
HELP PLEASE!
THanks
1 Answer from Attorneys
Re: divorce
The facts you mentioned are supposed to be weighed by the Court in applying Code Section 20-107.3(E):
"E. The amount of any division or transfer of jointly owned marital
property, and the amount of any monetary award, the apportionment of
marital debts, and the method of payment shall be determined by the court
after consideration of the following factors:
"1. The contributions, monetary and nonmonetary, of each party to the well-
being of the family;
"2. The contributions, monetary and nonmonetary, of each party in the
acquisition and care and maintenance of such marital property of the
parties;
"3. The duration of the marriage;
"4. The ages and physical and mental condition of the parties;
"5. The circumstances and factors which contributed to the dissolution of
the marriage, specifically including any ground for divorce under the
provisions of subdivisions (1), (3) or (6) of � 20-91 or � 20-95;
"6. How and when specific items of such marital property were acquired;
"7. The debts and liabilities of each spouse, the basis for such debts and
liabilities, and the property which may serve as security for such debts
and liabilities;
"8. The liquid or nonliquid character of all marital property;
"9. The tax consequences to each party; and
"10. Such other factors as the court deems necessary or appropriate to
consider in order to arrive at a fair and equitable monetary award."
Please call me at 703-591-1600 if you need help.
Olivier Long, Fairfax VA
(You should have the assistance of competent counsel in presenting your case.)
Olivier Long
Law Offices of Olivier Denier Long
10500 Sager Avenue, #B