In Virginia, marital property is divided under the equitable distribution statute, Va. Code § 20-107.3, which was personally amended by Mr. Sris. Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, with a 93%+ favorable outcome rate. A Marital Property Lawyer Virginia can help you handle the complex rules of property division.
Marital Property Lawyer in Virginia
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The governing statute is Va. Code § 20-107.3, which lists 11 factors the court must consider, including the duration of the marriage, the contributions of each spouse to the well-being of the family, and the economic circumstances of each party. Separate property — assets acquired before marriage, by gift, or by inheritance — is excluded from division. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience.
Last verified: May 2026 | Virginia Circuit Courts | Virginia General Assembly — official site
For the full text of the equitable distribution statute, see Va. Code § 20-107.3 (Virginia General Assembly — official site). For information on Virginia divorce grounds, see Va. Code § 20-91 (Virginia General Assembly — official site).
In Virginia Circuit Courts, judges routinely apply the 11 factors of Va. Code § 20-107.3 with significant discretion. We have observed that the court places heavy weight on the duration of the marriage and the non-monetary contributions of a spouse as a homemaker.
- Identify all assets and debts, including those held in one spouse’s name only.
- Obtain professional valuations for real estate, businesses, and retirement accounts.
- Document any separate property with clear evidence of ownership and source of funds.
- Review the 11 statutory factors with your attorney to understand how they apply to your case.
- Negotiate a marital settlement agreement that reflects a fair division.
- File the agreement with the court for approval as part of the final divorce decree.
In Virginia, marital property division is governed by equitable distribution principles under Va. Code § 20-107.3. The court has broad discretion to divide property based on 11 statutory factors.
| Issue | Classification | Court’s Authority | Financial Impact | Long-Term Effect | Additional Considerations |
|---|---|---|---|---|---|
| Marital Property Division | Equitable Distribution | Court divides fairly, not necessarily equally | Can include transfer of assets, cash payments, or offset | Final division of assets and debts | Tax implications may apply |
| Separate Property | Excluded from division | Court confirms ownership | No direct financial impact | Retained by owning spouse | Must be proven with clear evidence |
| Spousal Support | Determined by 13 factors | Court awards support based on need and ability to pay | Ongoing monthly payments | Can be modified or terminated | Separate from property division |
Results may vary.
Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, with a 93%+ favorable outcome rate. In family law matters, the firm has achieved numerous favorable outcomes in property division cases. Results may vary.
Our location in Fairfax is approximately 1.5 miles from the Fairfax County Circuit Court, with access via I-66 and Route 50. We are a Marital Property Lawyer Virginia serving the communities of Fairfax, Arlington, Reston, Herndon, McLean, Vienna, Tysons, Centreville, Chantilly, Burke, Springfield, Annandale, Falls Church, Manassas, Woodbridge, Leesburg, Ashburn, Warrenton, Stafford, and Fredericksburg. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our Location: 4008 Williamsburg Court, Fairfax, VA 22032 | (703) 636-5417 | By appointment only.
Frequently Asked Questions About Marital Property in Virginia
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50.
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Fairfax County Circuit Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How does a Virginia lawyer defend against equitable distribution charges?
Defense strategies for equitable distribution in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-107.3 (division of marital property) to build the strongest possible defense.
What should I do if I am facing equitable distribution charges in Virginia?
If facing equitable distribution charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
How does a Virginia lawyer defend against marital property charges?
Defense strategies for marital property in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-107.3 (equitable distribution) to build the strongest possible defense.
What should I do if I am facing marital property charges in Virginia?
If facing marital property charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
For more information, visit our state hub: Cruelty Divorce Lawyer Virginia.
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Last updated: 2026-05-01