Virginia Beach Property Division Lawyer — How Is Your Property Divided?
Property division in Virginia Beach is governed by equitable distribution under Va. Code § 20-107.3, which our firm’s founder personally helped amend. Law Offices Of SRIS, P.C. provides full representation for your marital property split in Virginia Beach. Our property division lawyer Virginia Beach team handles complex assets, including military pensions and business interests.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Virginia is an equitable distribution state, meaning marital property is divided fairly, but not necessarily equally, by a judge. The process is defined by Va. Code § 20-107.3. This statute outlines 11 factors the court must consider, including each spouse’s contributions to the marriage, the duration of the marriage, and the economic circumstances of each party. Separate property, such as assets owned before marriage or received by gift or inheritance, is typically excluded from division.
You need a clear strategy for identifying, valuing, and presenting arguments for the division of all assets and debts. This includes real estate, retirement accounts, businesses, and personal property.
- File a Complaint for Divorce with the Virginia Beach Circuit Court, stating grounds for divorce and requesting equitable distribution.
- Both parties complete mandatory financial disclosures, listing all assets and debts acquired during the marriage.
- Engage in discovery, which may include subpoenas for financial records, depositions, and appraisals of complex assets like businesses.
- Attempt settlement through negotiation or mediation to reach a Property Settlement Agreement (PSA).
- If no agreement is reached, present evidence and arguments at a trial before a Circuit Court judge, who will issue a final order dividing the property.
In Virginia Beach, property division follows equitable distribution principles under Va. Code § 20-107.3, where a judge divides marital property fairly based on multiple statutory factors.
Results may vary. Prior results do not guarantee a similar outcome.
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
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris, who personally helped amend Virginia’s key equitable distribution statute, Va. Code § 20-107.3. Our firm brings over 120 years of combined attorney experience to every case. In Virginia Beach, we have 8 documented case results across all practice areas with a 100% favorable outcome rate. Mr. Sris, the firm’s managing attorney, maintains a multi-state practice and provides critical insight into complex financial divisions.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients with property division matters in Virginia Beach courts. We are accessible via I-64 and Route 44. As your property division lawyer near Virginia Beach, we serve the communities of Virginia Beach, Sandbridge, and Oceana. Meetings are by appointment only.
Virginia Beach Property Division FAQs
How is property divided in a Virginia divorce?
Virginia is an equitable distribution state. Marital property is divided fairly based on 11 factors in Va. Code § 20-107.3, not necessarily 50/50. Separate property is usually not divided.
What is the difference between marital and separate property in Virginia?
Marital property includes most assets and debts acquired during the marriage. Separate property includes assets owned before marriage, inheritances, and gifts given solely to one spouse, and is typically not subject to division.
How long does property division take in Virginia Beach?
It depends. An uncontested division with an agreement can be resolved in 2-4 months. A contested case with complex assets like a business can take 12-24 months to reach a final order from the Virginia Beach Circuit Court.
Can a prenuptial agreement affect property division?
Yes. A valid prenuptial or postnuptial agreement can override Virginia’s default equitable distribution rules and dictate how property is divided, provided it meets legal requirements for enforceability.
What happens to a house bought during the marriage?
The marital home is usually considered marital property. Options include selling it and dividing the proceeds, or one spouse buying out the other’s equity. The court considers factors like children’s needs and financial ability.
For more information on family law in Virginia, see the Virginia Judicial System website. To discuss your case with a property division lawyer Virginia Beach, contact Law Offices Of SRIS, P.C. We also assist with related matters like criminal defense in Virginia Beach. For a broader view of our services, visit our Virginia family law hub or learn about property division in Henrico County.
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.