In Virginia, marital property is divided under the equitable distribution standard of Va. Code § 20-107.3, not a 50/50 community property split. Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, with a 93%+ favorable outcome rate. You need a Marital Property Lawyer Virginia who understands how Virginia courts classify and divide assets.
Marital Property Lawyer in 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 including the duration of the marriage, contributions of each spouse to the well-being of the family, and the value of all property interests. Separate property — assets acquired before marriage, by gift, or inheritance — is excluded from division. The statute was personally amended by Mr. Sris, former prosecutor, who founded Law Offices Of SRIS, P.C. in 1997. The firm 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%. Advocacy Without Borders is the firm’s guiding principle, ensuring clients receive dedicated representation regardless of case complexity.
Last verified: May 2026 | Virginia Circuit Courts | 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 procedures, see Va. Code § 20-91 (Virginia General Assembly — official site).
In Virginia Circuit Courts, judges routinely scrutinize the classification of property as marital or separate. We have observed that many clients overlook the importance of tracing separate property contributions, such as using pre-marriage funds for a down payment on a marital home. The burden of proof falls on the party claiming an asset is separate property.
- Step 1: Gather all financial documents — bank statements, tax returns, retirement account statements, and property deeds.
- Step 2: Identify and document all separate property with clear evidence of source and date of acquisition.
- Step 3: Obtain professional appraisals for real estate, businesses, and retirement assets.
- Step 4: File a complaint for divorce in the appropriate Virginia Circuit Court.
- Step 5: Negotiate a property settlement agreement with your spouse’s counsel.
- Step 6: If no agreement is reached, present evidence at trial for the court to apply the 11 statutory factors.
In Virginia, marital property division under equitable distribution carries no criminal penalties, but failure to comply with a court order can result in contempt proceedings, fines, or even incarceration.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Failure to Disclose Assets | Civil Contempt | Up to 12 months | Up to $2,500 | None | Sanctions, attorney fees, potential criminal referral |
| Violation of Property Division Order | Civil Contempt | Up to 12 months | Up to $2,500 | None | Wage garnishment, lien on property |
| Fraudulent Transfer of Assets | Fraud (Civil) | None (civil remedy) | Actual damages + punitive | None | Asset recovery, attorney fees |
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%. Advocacy Without Borders — the firm has handled numerous complex equitable distribution cases involving business valuations, retirement assets, and international property. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, with a 93%+ favorable outcome rate. In Virginia family law matters, the firm has achieved numerous favorable outcomes in equitable distribution cases, including complex property division involving business assets and retirement accounts. Results may vary.
Our location in Fairfax is approximately 15 miles from the Fairfax County Circuit Court, with access via I-66 and I-495. Serving the communities of Fairfax, Arlington, Reston, Herndon, McLean, Vienna, Tysons, Centreville, Chantilly, Burke, Springfield, Annandale, Falls Church, Manassas, Woodbridge, Leesburg, Ashburn, Warrenton, Stafford, and Fredericksburg. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
(703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Marital Property in Virginia
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). Fairfax County Circuit Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state, not a community property state.
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.
What should I do if I am facing marital property charges in Virginia?
If facing marital property 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 on related legal services, 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.
Page Last verified: May 2026. Content is reviewed regularly to ensure accuracy.