Virginia Beach Equitable Distribution Lawyer — How Is Your Property Divided?
Virginia Beach equitable distribution under Va. Code § 20-107.3 requires a fair, not equal, division of marital property. As an equitable distribution lawyer Virginia Beach, Law Offices Of SRIS, P.C. provides full representation for complex asset division. We have 8 documented case results in Virginia Beach. Call (888) 437-7747 for a 24/7 consultation.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Virginia Equitable Distribution Law
Virginia is an equitable distribution state, governed by Va. Code § 20-107.3. This statute, personally amended by Mr. Sris, requires the court to divide marital property fairly based on 11 specific factors, not necessarily 50/50. Marital property includes all assets and debts acquired from the date of marriage until the date of separation, with some exceptions. Separate property, such as assets owned before marriage, inheritances, and certain gifts, is typically excluded from division. The process involves identifying, valuing, and classifying all property before applying the statutory factors to reach a fair division.
Official Legal Resources
For the full text of the law, review Va. Code § 20-107.3 (official Virginia General Assembly site). Virginia Beach family law cases are filed at the Virginia Beach Circuit Court.
Virginia Beach Court Process for Property Division
In Virginia Beach, equitable distribution claims are heard in the Circuit Court. The process often involves detailed financial disclosure, which can include subpoenas for business records and the use of forensic accountants for complex assets like businesses or stock options. The court’s goal is a fair division, not a punitive one.
- File a Complaint for Divorce or Separate Maintenance including a request for equitable distribution.
- Complete mandatory financial disclosures and exchange documentation on all assets and debts.
- Engage in discovery, which may include depositions, interrogatories, and requests for production of documents.
- Attempt settlement through negotiation or mediation with the assistance of your equitable distribution lawyer Virginia Beach.
- If no agreement is reached, present evidence and arguments at a trial before a Circuit Court judge.
- The judge will issue a final order classifying and dividing the marital property and debts.
Factors in Equitable Distribution
In Virginia Beach, equitable distribution considers multiple factors to determine a fair, not necessarily equal, split of marital assets and debts.
| Statutory Factor (Va. Code § 20-107.3) | Court’s Consideration |
|---|---|
| Contributions to Family Well-Being | Monetary and non-monetary contributions, including homemaking and child care. |
| Duration of the Marriage | Length of the marriage and the age and physical/mental health of each party. |
| Circumstances skilled to Divorce | Fault grounds (e.g., adultery, cruelty) can be considered if related to property acquisition. |
| Debts and Liabilities | How and why debts were incurred, and which party is better able to pay them. |
| Tax Consequences | Potential tax liabilities resulting from the proposed division. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Virginia Beach Family Law
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team a deep, practical understanding of this complex area of law. We focus on achieving fair property division for our clients.
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
Our firm has 8 documented case results in Virginia Beach across all practice areas, with a 100% favorable outcome rate for these matters. These results involve various family law issues, including contested property division. Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Virginia Beach Equitable Distribution Lawyer
Our Richmond location serves clients with Virginia Beach family law matters. We are accessible via I-64 and I-264. We serve Virginia Beach, Sandbridge, and Oceana.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Virginia Beach Equitable Distribution FAQs
Is Virginia a community property state?
No. Virginia is an equitable distribution state. Marital property is divided fairly based on 11 factors under Va. Code § 20-107.3, not necessarily 50/50.
How is property divided in a Virginia divorce?
It depends. The court first classifies property as marital or separate. Marital property is then divided fairly (equitably) after considering statutory factors like each spouse’s contributions, the marriage duration, and economic circumstances.
What is considered marital property in Virginia?
Marital property includes all income, assets, and debts acquired by either spouse from the date of marriage until the date of separation, with certain exceptions like inheritances or gifts to one spouse.
How long does equitable distribution take in Virginia Beach?
Timelines vary. An uncontested division with an agreement can be resolved in months. A contested case with complex assets like a business can take 12-24 months or more in Virginia Beach Circuit Court.
Do I need a fair property division lawyer Virginia Beach for an uncontested divorce?
Yes. Even in an uncontested divorce, a fair property division lawyer Virginia Beach is crucial to ensure your separation agreement properly classifies assets and divides them fairly under the law, preventing future disputes.
Can a spouse hide assets during divorce?
It is illegal, but it happens. A skilled asset division in divorce lawyer Virginia Beach uses legal discovery tools like subpoenas and depositions to uncover hidden bank accounts, investments, or other assets.
For more information, see our Virginia Family Law overview. We also assist with criminal defense in Virginia Beach and DUI defense in Virginia Beach.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.