Marital Property Lawyer Arlington County — How Is Property Divided in a Virginia Divorce?
Virginia is an equitable distribution state, not a community property state, meaning marital property is divided fairly but not necessarily equally under Va. Code § 20-107.3. A marital property lawyer Arlington County from Law Offices Of SRIS, P.C. can protect your financial interests in divorce. Our firm has 115 documented case results in Arlington County. Mr. Sris personally amended the equitable distribution statute.
Last verified: April 2026 | Arlington County Circuit Court | Virginia General Assembly
Virginia Equitable Distribution Law
Virginia law, specifically Va. Code § 20-107.3, governs the division of marital property. This statute, which Mr. Sris personally helped amend, establishes Virginia as an equitable distribution state. The court classifies all property as either marital or separate. Marital property includes all assets and debts acquired from the date of marriage until the date of separation, with limited exceptions. Separate property, which is not subject to division, includes assets owned before marriage, inheritances received by one spouse, and gifts given solely to one spouse.
The court must value marital property as of the date of the evidentiary hearing. It then applies 11 statutory factors to determine a fair, but not necessarily equal, division. These factors include the contributions of each spouse to the well-being of the family, the duration of the marriage, and the economic circumstances of each spouse at the time of division.
Official Legal Resources
For the full text of Virginia’s equitable distribution law, refer to the official Va. Code § 20-107.3 on the Virginia General Assembly website. All divorce and property division cases for Arlington County are filed at the Arlington County Circuit Court.
Arlington County Property Division Process
In Arlington County, property division is part of a divorce case filed in Circuit Court. The process is fact-intensive. The court first classifies assets and debts, then values them, and finally applies the equitable distribution factors. For complex estates involving businesses, retirement accounts, or real estate, forensic accountants and appraisers are often necessary.
- File for Divorce: Initiate a divorce case in Arlington County Circuit Court, which automatically puts property division before the court.
- Financial Disclosure: Both parties must file detailed financial statements, disclosing all assets, debts, income, and expenses.
- Discovery: Exchange documents, answer interrogatories, and conduct depositions to identify and value all property.
- Mediation/Negotiation: Attempt to reach a Property Settlement Agreement to avoid a judge deciding the division.
- Trial: If no agreement is reached, the court holds an evidentiary hearing to classify, value, and divide the marital property.
- Court Order: The judge enters a final order of equitable distribution, which is enforceable like any court order.
Why Property Division Matters
In Arlington County, equitable distribution under Va. Code § 20-107.3 determines the division of assets like homes, retirement accounts, and businesses acquired during the marriage.
The outcome of property division directly impacts your financial future. An experienced marital asset distribution lawyer Arlington County can help ensure proper classification and valuation, argue for a favorable application of the statutory factors, and work to protect your share of the marital estate.
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris, who personally assisted in amending Virginia’s key equitable distribution statute, Va. Code § 20-107.3. This unique insight into the law’s intent provides a strategic advantage. Our attorneys combine over 120 years of legal experience. We have a documented 115 case results in Arlington County across all practice areas. Our approach is direct and focused on protecting your financial rights 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
Arlington County Case Experience
Our firm’s documented results in Arlington County courts include favorable outcomes in family and other matters. For example, we have secured dismissals in domestic assault cases and reductions in serious charges. While these results are from other practice areas, they demonstrate our familiarity and effectiveness in Arlington courtrooms.
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex property division cases, leveraging his direct role in shaping the law he now argues under.
Contact Our Arlington Marital Property Lawyers
Law Offices Of SRIS, P.C. — Arlington Location
1655 Fort Myer Dr Suite 700, Arlington, VA 22209, United States
Toll-Free: (888) 437-7747 | Local: 703-589-9250
Phones answered 24/7. Meetings by appointment only.
Our Arlington location is minutes from the Arlington County Courthouse, serving clients in Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. If you need a skilled marital property lawyer Arlington County residents trust for equitable distribution, contact us for a consultation.
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 automatically split 50/50. Separate property, like assets owned before marriage, is not divided.
What is considered marital property in Virginia?
It includes all income, assets, and debts acquired by either spouse from the date of marriage until the date of separation. This typically includes the family home, vehicles, bank accounts, retirement benefits earned during the marriage, and business interests.
How is a house divided in a Virginia divorce?
It depends. The marital home is usually marital property if purchased during the marriage. The court can order it sold and proceeds divided, award it to one spouse with a buyout to the other, or use its value to offset other assets. The mortgage and equity are central factors.
Are retirement accounts divided in divorce?
Yes. The portion of a retirement account (like a 401(k) or pension) earned during the marriage is marital property. Dividing it requires a Qualified Domestic Relations Order (QDRO) to transfer funds without tax penalty.
How long does property division take in Arlington County?
If uncontested with an agreement, it can be resolved in 2-4 months. Contested division, especially with complex assets, often takes 12-24 months through discovery, valuation, and potentially a trial in Arlington County Circuit Court.
Related Legal Services in Arlington
Our Arlington office provides full legal support. If you are facing criminal charges, consider our Arlington criminal defense lawyer. For traffic matters, see our Arlington reckless driving lawyer. For broader Virginia family law resources, visit our Virginia family law hub page. We also serve neighboring areas like Alexandria.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding marital property division.