Legal Question in Family Law in Virginia

Short term marriage and divorce

My wife and I have been married for little over a year. I owned the house prior to marriage. We have three cars now since being married. She has left before and has now left a second time. None of the vehicles are in her name nor has she ever payed any of the bills. Is she entitled to anything being the marriage was so short and the property is all in my name? My wife is 20 years old if that matters at all.


Asked on 12/19/03, 3:07 am

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

Re: Short term marriage and divorce

Perhaps, perhaps not. The earnings of each of you during the marriage, and the items purchased from those earnings, are "marital property" in Virginia. In a divorce, the court is required to make an equitable division of the marital property, looking at a number of factors only one of which is who paid for it. Other factors include who was at fault in the marriage, the ages of the parties, their contributions to the marriage, etc. You would keep anything in your name, but might have to make a monetary award to her for any value the court determines is her interest in the property. I think the house is safe from her claims; if the cars were financed, they may not be worth as much as is owned on them.

As for support, there is a possibility you would be required to pay her alimony during the litigation and for a short while after the marriage, but the time would be measured in months, not years.

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Answered on 12/19/03, 9:53 am


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