Marital Property Lawyer New Kent County — How Is Your Property Divided?
Dividing marital property in New Kent County is governed by Virginia’s equitable distribution law, Va. Code § 20-107.3, which requires a fair but not necessarily equal division. Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Virginia Equitable Distribution Law
Virginia is not a community property state. Instead, it follows the principle of equitable distribution under Va. Code § 20-107.3. This statute, personally amended by Mr. Sris, requires the court to classify all property as either marital or separate and then divide the marital property in a manner it deems fair based on 11 statutory factors. Separate property, such as assets owned before marriage or received by gift or inheritance, is not subject to division. The court’s analysis is fact-intensive, making experienced legal guidance from a marital property lawyer New Kent County essential.
Official Legal Resources
For the full text of the law, review Va. Code § 20-107.3 (official Virginia General Assembly). All family law matters are filed at the New Kent County Circuit Court.
New Kent County Procedural Insights
The New Kent County Circuit Court at 12001 Courthouse Circle handles all equitable distribution cases. Judges here carefully weigh factors like the length of the marriage, each spouse’s contributions, and the economic circumstances of each party. A community property division lawyer New Kent County must be prepared to present detailed financial evidence. The court often orders the use of forensic accountants for business valuations or complex assets.
- File a Complaint for Divorce with a request for equitable distribution in New Kent County Circuit Court.
- Complete mandatory financial disclosures, including a detailed Schedule of Assets and Debts.
- Engage in discovery, which may include subpoenas, depositions, and requests for business records.
- Attempt settlement through negotiation or mediation with the assistance of your marital asset distribution lawyer New Kent County.
- If settlement fails, prepare for a trial where you will present evidence on all 11 statutory factors.
- Argue for a specific division of assets and debts before the judge, who will issue a final order.
In New Kent County, equitable distribution of marital property is based on fairness, not a 50/50 split, considering factors like contributions, debts, and future needs.
| Asset Type | Classification | Typical Issues | Division Standard |
|---|---|---|---|
| Family Home | Marital (if acquired during marriage) | Buyout, sale, or co-ownership | Equitable (fair) division of equity |
| Retirement Accounts (401k, Pension) | Marital portion (accrued during marriage) | Requires QDRO | Equitable share |
| Business Interest | Marital portion (value increase during marriage) | Valuation, active vs. passive | Equitable share or offset |
| Debts (Mortgages, Loans) | Marital (incurred for marital purposes) | Allocation based on who benefited | Equitable allocation |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Authority in Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris, who personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. This unique legislative experience provides a significant understanding of the law’s intent and application. With over 120 years of combined attorney experience and 4,739+ firm-wide case results, our team brings deep, practical knowledge to every marital property case in New Kent County.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Documented Case Results
Our firm has 11 documented case results across all practice areas in New Kent County. In family law matters, our strategic approach focuses on thorough financial analysis and assertive advocacy to protect our clients’ interests in marital asset distribution. Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides critical oversight on cases involving complex financial assets.
Results may vary. Prior results do not guarantee a similar outcome.
Local Representation for New Kent County
Our Richmond location serves clients at the New Kent County courts. We are accessible via I-64, Route 33, and Route 249. As a marital property lawyer near New Kent, Providence Forge, and Quinton, we offer 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Marital Property Division FAQs
Is Virginia a community property state?
No. Virginia is an equitable distribution state. Marital property is divided fairly based on 11 factors in Va. Code § 20-107.3, not necessarily 50/50. Separate property is excluded from division.
How is a family business divided in a divorce?
It depends. The marital portion of a business’s value (the increase during the marriage) is subject to division. A forensic valuation is typically required. The court may award the business to one spouse with an offsetting payment to the other, or order a sale.
Who gets the house in a Virginia divorce?
The court considers several factors, including financial ability to maintain it, children’s needs, and contributions. Options include selling and splitting equity, one spouse buying out the other’s interest, or awarding temporary use.
Are retirement accounts divided in divorce?
Yes. The portion of a retirement account (like a 401k or pension) earned during the marriage is marital property. Dividing it requires a Qualified Domestic Relations Order (QDRO) prepared by your lawyer.
What is separate property in Virginia?
Separate property includes assets owned before marriage, inheritances received by one spouse, gifts to one spouse, and any property traceable to these sources. It is not divided in divorce.
For more information, see our Virginia Family Law hub page. We also assist clients in Henrico County and with criminal defense in New Kent County.
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.