In Roanoke County, Virginia, marital property division is governed by Va. Code § 20-107.3, which establishes equitable distribution rather than a 50/50 split. Law Offices Of SRIS, P.C. has 34 documented results in Roanoke County, with a 94% favorable outcome rate across all practice areas. A Marital Property Lawyer Roanoke County can help you protect your assets during divorce proceedings.
Marital Property Lawyer Roanoke 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 when dividing marital property, including the duration of the marriage, each spouse’s contributions (both financial and non-financial), and the value of separate property. Separate property — assets acquired before marriage, by gift, or by inheritance — 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 | Roanoke 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 information on Roanoke County Circuit Court procedures, visit Roanoke County Circuit Court (Virginia Courts — official site).
In Roanoke County Circuit Court, judges routinely expect parties to have completed financial disclosure before the first hearing. We have observed that incomplete asset schedules often delay proceedings by 60-90 days.
- Gather all financial documents: bank statements, tax returns, retirement account statements, and property deeds.
- Identify which assets are marital versus separate property under Va. Code § 20-107.3.
- Obtain professional valuations for complex assets like businesses, stock options, or retirement accounts.
- Draft a property settlement agreement with your attorney.
- File the divorce complaint and agreement at Roanoke County Circuit Court.
- Attend the final hearing with your corroborating witness.
In Roanoke County, marital property division carries no criminal penalties but affects financial outcomes including asset division, spousal support, and retirement benefits.
| Issue | Classification | Financial Impact | Duration | Additional Consequences |
|---|---|---|---|---|
| Equitable Distribution | Civil | Division of marital assets and debts | Lifetime | Spousal support, retirement division |
| Spousal Support | Civil | Monthly payments based on 13 factors | Duration of marriage or permanent | Modification possible upon change of circumstances |
| Attorney Fees | Civil | Court may order one party to pay | Case-specific | Contempt for non-payment |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. has 34 documented results in Roanoke County: 4 dismissed or not guilty, 28 reduced or amended — a favorable-outcome rate of 94%. Results may vary. Prior results do not guarantee a similar outcome. Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ.
Our location in Woodstock is approximately 90 miles from Roanoke County Circuit Court, with access via I-81 and Route 11. If you need a marital property lawyer near Roanoke County, we serve the communities of Salem, Vinton, Cave Spring, Hollins, and Catawba. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St, Suite 103, Woodstock, VA 22664
Phone: (888) 437-7747
By appointment only
Frequently Asked Questions About Marital Property Division in Roanoke County
How long does a divorce take in Roanoke County, Virginia?
It depends. Uncontested divorces with a signed separation agreement typically resolve in 2-4 months from filing to final decree at Roanoke County Circuit Court. Contested divorces involving property disputes routinely take 9-18 months.
How much does a divorce cost in Roanoke County, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86. Additional costs include sheriff service of process ($12), Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300/hour per party).
Is Virginia a community property state?
No. Virginia is an equitable distribution state under Va. Code § 20-107.3. Marital property is divided fairly but not necessarily 50/50. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Roanoke County, Virginia?
Custody is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors. Roanoke County J&DR Court handles standalone custody; Roanoke County Circuit Court handles custody within divorce cases.
What are the grounds for divorce in Virginia?
No-fault grounds include 6-month separation (no minor children) or 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion (1 year), and felony conviction (1+ year imprisonment).
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.
Learn more about our Cruelty Divorce Lawyer Virginia services. For related family law matters in other localities, see our Stock Options Divorce Lawyer Louisa County and Stock Options Divorce Lawyer Rockingham County pages.
Last verified: May 2026 | Roanoke County Circuit Court | Va. Code § 20-107.3 (Virginia General Assembly)