Legal Question in Family Law in Virginia
Divorce after 23 years of marriage.
I made my husband move out for 3 months to decide If I wanted a divorce. After 3 months I still won't let him come home. I changed a door in the house so he has no
key and I make him call before he comes to visit on some Sundays. Now I don't want
a divorce but he does. I have accused him of having an affair, but I have no proof.
He has offered me half if we divorce but I want everything. We have no children together. I had two of my own when we married that he helped me raise. They are married and moved away now. Can I get the house, the cars, and his retirement.
or will I only get half of our assets?
If I do not settle for half, can I take him to court and get everything. He did alot of
work to our house it is probably worth over $150,000.00 . Can a judge make us
both sell everything and divide it all including my saving account, and his retirement?
1 Answer from Attorneys
Re: Divorce after 23 years of marriage.
The chances of you getting everything are pretty slim. Depending on the facts of your case, most decisions do tend fall into the 50/50 split.
He could also use your kicking him out and changing the locks against you and MAY get a better share of the assets if the judge sympathizes with him.
All property acquired during the marriage is marital property unless the property is traceable to property acquired prior to the marriage, or acquired via an inheritence or gift. So some or all of his pension may be marital property and some or all of your may be marital property. I would really have to talk to you to advise you of what property is marital and what you can expect to receive. If I can be of further help, please do not hesitate to call me.
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