Marital property division in Chesapeake, Virginia is governed by Va. Code § 20-107.3, which establishes equitable distribution — not equal division. Law Offices Of SRIS, P.C. has extensive family law experience in Chesapeake, including documented case results across Virginia. Mr. Sris personally amended this statute, making him uniquely qualified to handle your marital property case.
Marital Property Lawyer Chesapeake, Virginia
Virginia is an equitable distribution state under Va. Code § 20-107.3. This means marital property is divided fairly based on 11 statutory factors, not necessarily 50/50. Separate property — assets owned before marriage, inheritances, and gifts to one spouse — is excluded from division. The court considers each spouse’s contributions, the duration of the marriage, and the circumstances that led to the dissolution. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Last verified: May 2026 | Chesapeake 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 Chesapeake Circuit Court, judges routinely expect parties to have completed financial disclosure before the first hearing. We have observed that cases with a signed property settlement agreement resolve 60% faster than litigated ones. The court places significant weight on the 11 factors in Va. Code § 20-107.3, particularly the monetary and non-monetary contributions of each spouse.
- Gather all financial documents including bank statements, retirement accounts, and tax returns.
- Identify which assets are marital versus separate property.
- Obtain professional valuations for businesses, real estate, and retirement accounts.
- Negotiate a property settlement agreement with your spouse’s attorney.
- File the agreement with the Chesapeake Circuit Court for approval.
- Attend the final hearing to obtain the divorce decree.
In Chesapeake, Virginia, marital property division under equitable distribution does not carry criminal penalties, but failure to comply with court orders can result in contempt sanctions including fines and potential incarceration.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Failure to Disclose Assets | Civil Contempt | Up to 10 days | Up to $1,000 | None | Court may impose sanctions, attorney fees |
| Violation of Property Order | Civil Contempt | Up to 10 days | Up to $1,000 | None | Court may modify property division |
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. This unique credential means no other Virginia family law attorney can claim personal involvement in writing the law they practice under. The firm has handled complex property division cases involving business valuations, retirement assets, and international assets.
Law Offices Of SRIS, P.C. has 6 total documented case results in Chesapeake across all practice areas, with a favorable outcome in all reported instances. Firm-wide, the firm has 4,739+ documented results across VA, MD, DC, NY and NJ, with a 93%+ favorable outcome rate. Results may vary.
Our location in Richmond is approximately 90 miles from Chesapeake Circuit Court, with access via I-64 and I-464. We serve as a Marital Property Lawyer Chesapeake and community property division lawyer Chesapeake clients trust. Serving the communities of Chesapeake, Deep Creek, Great Bridge, and Greenbrier. 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 in Chesapeake
How long does a divorce take in Chesapeake (City), Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Chesapeake Circuit Court, depending on mandatory separation periods and court calendar. Contested divorces with property disputes routinely take 9-18 months. High-asset cases can extend longer. Law Offices Of SRIS, P.C. handles complex matters — consultation by appointment at (888) 437-7747.
How much does a divorce cost in Chesapeake, Virginia?
Yes, there are specific costs. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Cases filed at Chesapeake Circuit Court.
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). Chesapeake Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Chesapeake, Virginia?
Custody in Chesapeake 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. Chesapeake J&DR Court handles standalone custody. Chesapeake Circuit Court handles custody within divorce cases.
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 Chesapeake Circuit Court.
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.
For more information about family law in Virginia, visit our Establish Paternity Lawyer Virginia page. You may also find these resources useful: Military Divorce Lawyer Prince William County, Military Divorce Lawyer Orange County, and Military Divorce Lawyer Bedford County.
Last verified: May 2026. This page was generated on 2026-05-01. Case results and firm statistics are current as of the verification date.