Virginia Beach Marital Property Lawyer — How Is Your Property Divided?
Virginia is an equitable distribution state under Va. Code § 20-107.3, meaning marital property is divided fairly, not necessarily 50/50. A Virginia Beach marital property lawyer from Law Offices Of SRIS, P.C. can protect your rights to assets like homes, retirement accounts, and businesses. Our firm has documented results in Virginia Beach. Call (888) 437-7747 for a consultation.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Virginia’s Equitable Distribution Law
Virginia law, specifically Va. Code § 20-107.3, governs the division of marital property during a divorce. The statute defines marital property as all property titled in either spouse’s name or both names that was acquired from the date of marriage until the date of separation, with certain exceptions like inheritances or gifts to one spouse. The court must classify property as marital or separate before applying eleven statutory factors to achieve an equitable, or fair, division. This process requires a detailed analysis of financial contributions, non-monetary contributions to the family’s well-being, and the circumstances skilled to the divorce.
Official Legal Resources
For the full text of the law, review Va. Code § 20-107.3 (official Virginia General Assembly). Family law matters in Virginia Beach are heard at the Virginia Beach Circuit Court.
Virginia Beach Marital Property Division Process
In Virginia Beach Circuit Court, the equitable distribution process is methodical. The court first requires a full disclosure of all assets and debts through detailed financial statements and discovery. For complex estates involving businesses, professional practices, or stock options, forensic accountants are often necessary. The court considers factors like the length of the marriage, each spouse’s monetary and nonmonetary contributions, and the tax consequences of any proposed division. A community property division lawyer Virginia Beach can handle this to advocate for a fair share.
- Gather all financial documents, including deeds, account statements, tax returns, and business records.
- File a Complaint for Divorce with the Virginia Beach Circuit Court, which initiates the legal process.
- Engage in discovery, which may include interrogatories, requests for documents, and depositions to value assets.
- Attempt settlement through negotiation or mediation with the assistance of your marital asset distribution lawyer Virginia Beach.
- If settlement fails, present evidence and arguments at an equitable distribution hearing before a judge.
- The court will issue a final order dividing the marital property and debts.
Potential Outcomes in Equitable Distribution
In Virginia Beach, equitable distribution does not mandate an equal split but a fair one based on statutory factors, which can lead to a wide range of division percentages.
| Asset Type | Classification Challenge | Common Resolution |
|---|---|---|
| Family Home | Pre-marital down payment vs. marital mortgage payments | Reimbursement for separate contribution; remainder divided |
| Retirement Accounts (401k, Pension) | Valuing the marital portion accrued during marriage | QDRO (Qualified Domestic Relations Order) to divide |
| Closely-Held Business | Determining active vs. passive appreciation | Buyout, continued co-ownership, or offset with other assets |
| Debts (Credit Cards, Loans) | Establishing if debt was for marital or separate purposes | Assigned to spouse who incurred debt for non-marital purpose |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Beach Marital Property Lawyers
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team a significant understanding of its application. We focus on providing clear, strategic guidance to protect your financial future during divorce.
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
Case Results & Client Focus
Our firm has a documented record of favorable outcomes. In Virginia Beach, we have achieved results for clients facing property division. Results may vary. Prior results do not guarantee a similar outcome. Our secondary attorney on complex financial cases is Mr. Sris, whose background in accounting and information systems provides a unique advantage in untangling sophisticated marital estates. He is the former prosecutor who founded the firm and personally amended Va. Code § 20-107.3.
Contact Our Virginia Beach Marital Property Lawyer
Our Richmond location serves clients with matters at Virginia Beach courts. We are accessible via I-264 and I-64. We serve Virginia Beach, Sandbridge, and Oceana. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225, United States
By appointment only.
Virginia Beach Marital Property Lawyer FAQ
Is Virginia a community property state?
No.
Virginia is an equitable distribution state. Marital property is divided fairly based on eleven factors in Va. Code § 20-107.3, not automatically split 50/50. Separate property, like assets owned before marriage or received as a gift, is typically excluded from division.
How is a house divided in a Virginia divorce?
It depends. The court determines if the home is marital or separate property, often based on title and source of funds. Common solutions include selling the house and splitting proceeds, one spouse buying out the other’s interest, or awarding the house to one spouse with an offsetting award of other assets to the other.
How long does a divorce take in Virginia Beach, Virginia?
An uncontested divorce with a signed separation agreement can take 2-4 months from filing. A contested divorce, especially with complex property division, typically takes 9-18 months or longer if business valuation or retirement assets are involved.
What is considered marital debt?
Marital debt is any debt incurred during the marriage for a marital purpose, such as a joint mortgage, household credit cards, or loans for family vehicles. Debt taken on by one spouse for a non-marital purpose may be assigned separately.
Can my spouse get part of my retirement in a divorce?
Yes.
The portion of your retirement account (like a 401k or pension) that accrued during the marriage is considered marital property and is subject to division. This is typically done via a court order called a Qualified Domestic Relations Order (QDRO).
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in Virginia Beach and DUI defense in Virginia Beach.
Last verified: April 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.