Property settlement in Virginia refers to the division of marital assets and debts upon divorce, governed by Va. Code § 20-107.3. Virginia is an equitable distribution state, meaning the court divides marital property fairly — not necessarily 50/50. The court considers 11 statutory factors, including the duration of the marriage, each spouse’s contributions (financial and non-financial), and the economic circumstances of each party. Separate property — assets acquired before marriage, by gift, or inheritance — is excluded from division. A property settlement agreement, also known as a separation agreement, can resolve all financial issues without court intervention. 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: April 2026 | Arlington 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 separation requirements, see Va. Code § 20-91 (Virginia General Assembly — official site).
In Arlington County Circuit Court, judges routinely require a detailed inventory of all marital assets before scheduling a final hearing. We have observed that cases with a signed property settlement agreement move through the docket significantly faster than litigated ones.
- Gather all financial documents: tax returns, bank statements, retirement account statements, and business records.
- Identify which assets are marital (acquired during marriage) and which are separate (pre-marriage, inheritance, gifts).
- Obtain professional valuations for real estate, businesses, and complex assets.
- Negotiate a property settlement agreement with your spouse or through mediation.
- File the signed agreement with your divorce complaint at Arlington County Circuit Court.
- Attend the final hearing to obtain the court’s approval and final decree.
In Arlington County, property settlement disputes carry no criminal penalties but affect the financial outcome of your divorce, including the division of assets and potential spousal support obligations.
| Issue | Classification | Financial Impact | Court Involvement | Timeline | Additional Consequences |
|---|---|---|---|---|---|
| Equitable Distribution | Civil matter | Division of marital assets and debts | Arlington County Circuit Court | 2-18 months | Potential spousal support award |
| Property Settlement Agreement | Contract | Binding division of assets | Court approval required | 2-4 months (uncontested) | Enforceable by contempt if violated |
| Spousal Support | Civil matter | Ongoing payments based on 13 factors | Arlington County Circuit Court | Varies | Modifiable upon change in circumstances |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, 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 115 documented case results in Arlington County: 22 dismissed or not guilty, 93 reduced or amended — a favorable outcome in all reported instances.
Law Offices Of SRIS, P.C. has 115 documented results in Arlington County: 22 dismissed or not guilty, 93 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. These results include cases in Arlington County Juvenile & Domestic Relations District Court and Arlington County General District Court across multiple practice areas.
Our location in Arlington is 0.5 miles from Arlington County Circuit Court (1425 N. Courthouse Rd), with access via I-395 and Route 50. We are a Property Settlement Lawyer Arlington County near you. Serving the communities of Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209
(703) 589-9250 | By appointment only
Frequently Asked Questions About Property Settlement in Arlington County
How long does a divorce take in Arlington County, Virginia?
It depends. Uncontested divorces with a signed property settlement agreement typically resolve in 2-4 months from filing at Arlington County Circuit Court. Contested divorces with property disputes routinely take 9-18 months. The mandatory separation period under Va. Code § 20-91 is 6 months (no minor children) or 1 year (with minor children).
Uncontested divorces take 2-4 months; contested divorces take 9-18 months in Arlington County.
How much does a divorce cost in Arlington 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), Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300/hour per party). Attorney fees vary based on complexity.
Is Virginia a community property state?
No. Virginia is an equitable distribution state under Va. Code § 20-107.3 (personally amended by Mr. Sris). Marital property is divided fairly but not necessarily 50/50. The court considers 11 factors, including each spouse’s contributions and economic circumstances. Separate property is excluded.
No, Virginia is an equitable distribution state, not community property.
How is child custody decided in Arlington County, Virginia?
Custody 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. Arlington County Juvenile & Domestic Relations District Court handles standalone custody; Arlington 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 with signed agreement) or 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion for 1 year, and felony conviction with 1+ year imprisonment. All divorces are filed at Arlington County Circuit Court under Va. Code § 20-91.
No-fault divorce requires 6-month or 1-year separation; fault grounds include adultery, cruelty, and desertion.
How does a Virginia lawyer defend against property settlement charges?
Defense strategies for property settlement 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 to build the strongest possible defense.
What should I do if I am facing property settlement charges in Virginia?
If facing property settlement 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 property settlement agreement charges?
Defense strategies for property settlement agreement 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 to build the strongest possible defense.
Learn more about our Cruelty Divorce Lawyer Virginia services. We also serve Stock Options Divorce Lawyer Louisa County and Stock Options Divorce Lawyer Rockingham County.
Last verified: April 2026 | Content updated for accuracy.