oneofakind88
recently joined
Reged: 10/29/12
Posts: 1
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I have a friend that will be docking and coming home from an 8 month leave( NAVY) He has only been married 13 months Married Sep 2011 Till October 2012 His wife wants a divorce no proof besides texts on adultrey he has been deployed since March 2012 and returning this week. She wants half of everything( BAH, SAVINGS PAYCHECKS. AND SAYS IF he DONT she will go after everything else (truck ect.)Can she? Everything is in his name she has not had a job the whole time together and has never paid a bill! He has been sending her his BAH and more for her to play with the last 8 months !With no NO KIDS Does she get it half of everything in a divorce? What does she get?
-Stationed N Virginia
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6481
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Getting married without a prenup means all marital assets get split. Some states it's an equal split (50/50). Virginia is an 'equitable' split (what's fair) state.
What does he have for assets ?
from w w w .patriot.net/~crouch/familylaw/property.htm
(we aren't allowed to post links here)
Equitable Distribution of Property
The goal of Virginia's system of property division, known as “equitable distribution”, is to fairly divide the couple's marital assets with respect for both their monetary and nonmonetary contributions to the property and to the marriage.
How Property is Classified: Separate and Marital
The court determines the ownership of all “real and personal property”. This term includes a wide variety of assets, including jewelry, the marital residence, other real estate, bank or credit union accounts, furniture, paintings or other art work, automobiles, business interests, and other types of property managed by both or either spouse during the marriage. Most future income and future assets, except for pensions, are not included in equitable distribution of property.
Virginia considers marital property to be of three basic forms:
• Property acquired by either party during the marriage that is not separate property
• Property that is part marital and part separate.
• Property whose title is held by both parties (however, this still may be proven to be separate or partly separate if it can be traced accurately and fairly to separate property).
Separate property includes:
1. All real and personal property acquired by either party before the marriage
2. All property acquired during the marriage by inheritance or gift from a source other than the other party
3. All property acquired during the marriage in exchange for or from the proceeds of the sale of separate property, provided it is maintained separately
Any income generated from separate property by the active efforts of either party is classified as marital.
Separate property can also become marital property in several ways, including the failure to maintain the property as separate, or commingling with marital property, in a way that is too complex or undocumented to trace back to its source
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