In New Kent County, Virginia, marital property division is governed by equitable distribution under Va. Code § 20-107.3, which Mr. Sris personally amended. Law Offices Of SRIS, P.C. has extensive criminal defense experience and handles complex property division matters. The court considers 11 factors to divide assets fairly, not necessarily 50/50.
Marital Property Lawyer New Kent County, Virginia
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. Under Va. Code § 20-107.3, the court considers 11 factors including the duration of the marriage, each spouse’s contributions (monetary and non-monetary), the value of separate property, and the circumstances surrounding the acquisition of marital assets. Separate property — assets owned before marriage, gifts, or inheritances — is generally excluded from division. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. 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 | New Kent County Circuit Court | 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 divorce grounds and procedures, see Va. Code § 20-91 (Virginia General Assembly — official site).
In New Kent County Circuit Court, judges routinely scrutinize the classification of assets as marital or separate. In our experience defending complex property division cases, the court places significant weight on tracing separate property contributions and on the non-monetary contributions of a spouse who stayed home to raise children.
- Identify all assets and debts acquired during the marriage.
- Document the source of funds for each asset to trace separate property.
- Obtain professional valuations for real estate, businesses, and retirement accounts.
- Negotiate a property settlement agreement that addresses all assets and debts.
- File for divorce at New Kent County Circuit Court with the signed agreement.
- Attend the final hearing to obtain the divorce decree.
In New Kent County, family law matters involving marital property division carry no criminal penalties, but the court can order equitable distribution of assets, spousal support, and attorney’s fees for non-compliance.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Failure to Disclose Assets | Civil Contempt | None (but court may impose sanctions) | Up to $2,500 or actual damages | None | Court may award attorney’s fees to the other party |
| Violation of Court Order (e.g., hiding assets) | Civil Contempt | Up to 10 days (rare) | Up to $1,000 | None | Court may modify property division in favor of the other party |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm has handled numerous complex property division cases involving business valuation, retirement assets, and international assets.
Law Offices Of SRIS, P.C. has 11 documented results in New Kent County: 5 dismissed or not guilty, 6 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Firm-wide, the firm has 4,739+ documented results across VA, MD, DC, NY and NJ. Results may vary.
Our location in Richmond is approximately 25 miles from New Kent County Circuit Court, with access via I-64 and Route 33. As a marital property lawyer near New Kent County, we serve the communities of New Kent, Providence Forge, and Quinton. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
Phone: (804) 201-9009 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Marital Property Division in New Kent County
How long does a divorce take in New Kent County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at New Kent County Juvenile & Domestic Relations District Court (custody/support/protective orders) and New Kent County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Under Va. Code § 20-91, no-fault divorce requires a 6-month separation (no minor children) or 1-year separation (with minor children).
Uncontested divorces typically take 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in New Kent County, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86. Additional costs include sheriff service of process ($12), private process server ($50-$100), pendente lite motion costs, Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300/hour per party). Under Va. Code § 20-107.3, the court may also award attorney’s fees. Cases are filed at New Kent County General District Court.
Filing fee is approximately $86; total costs vary widely based on complexity.
Is Virginia a community property state?
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). New Kent County Circuit Court (12001 Courthouse Circle, New Kent, VA 23124) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state, not a community property state.
How is child custody decided in New Kent County, Virginia?
Custody in New Kent County is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. New Kent County J&DR Court handles standalone custody. New Kent County Circuit Court handles custody within divorce cases.
Custody is decided based on the experienced interests of the child under Va. Code § 20-124.3.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at New Kent County Circuit Court. Under Va. Code § 20-91, the court must find grounds before granting a divorce.
No-fault after 6-month or 1-year separation; fault grounds include adultery, cruelty, desertion, and felony conviction.
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.
For more information about family law in Virginia, visit our Cruelty Divorce Lawyer Virginia hub page. You may also find these pages useful: Stock Options Divorce Lawyer Louisa County, Stock Options Divorce Lawyer Rockingham County, and Stock Options Divorce Lawyer Bedford County.
Page Last verified: May 2026. Content is reviewed regularly to ensure accuracy.