Equitable Distribution: A Practical Application of Virginia's Statutory Mandates

Settling and litigating equitable distribution cases in Virginia requires a detailed knowledge of the statutory authority and case law governing the issue. Virginia's Circuit Courts perform equitable distribution upon issuing a divorce or upon the filing of a foreign order of divorce. The court must, upon the evidence presented, identify all property, determine title to property, determine ownership and value of all property, classify property, and identify all debt. 

Under the governing statutory authority of Virginia Code Section 20-107.3, Virginia Circuits Courts consider eleven factors, including the parties' contributions (both positive and negative) to the marriage and to the acquisition of property, the length of the marriage, the cause of the dissolution of the marriage, and tax consequences to the parties. In this program, practitioners will learn how to develop and present your equitable distribution case, including practical tips from a seasoned litigator and mediator.

Learning Objectives:

1. Review the statutory authority equitable distribution in divorce matters and its limitations
2. Analyze the classifications of property in Virginia and the significance of tracing in the statutory scheme
3. Identify the individual factors of Virginia Code Section 20-107.3 governing equitable distribution and relevant case law
4. Present equitable distribution factor evidence under the requisite Code of Virginia provisions