New Kent County Property Division Lawyer — How Is Marital Property Split?
Dividing marital property in New Kent County is governed by Virginia’s equitable distribution statute, Va. Code § 20-107.3, which Mr. Sris personally helped amend. As a Property Division Lawyer New Kent County, Law Offices Of SRIS, P.C. has 11 documented case results in the locality. The court at 12001 Courthouse Circle divides assets fairly, not necessarily 50/50.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Virginia Equitable Distribution Law
Virginia is an equitable distribution state, not a community property state. This means marital property is divided fairly based on the specific circumstances of your case, guided by Va. Code § 20-107.3. The statute outlines 11 factors the court must consider, including each spouse’s contributions to the family’s well-being, the duration of the marriage, and the economic circumstances of each party at the time of division. Separate property, such as assets owned before marriage or received by gift or inheritance, is typically excluded from division. The process requires a detailed classification and valuation of all assets and debts.
Official Legal Resources
For the full text of the law, review Va. Code § 20-107.3 (official Virginia General Assembly). For local court procedures, visit the New Kent County Courts website.
New Kent County Property Division Process
In New Kent County, all property division matters are handled by the Circuit Court. The process begins with the filing of a divorce complaint. The court encourages parties to reach a mutual agreement through a signed property settlement agreement, which can save significant time and cost. If an agreement cannot be reached, the court will order discovery, which may involve subpoenas for financial records, business valuations, and depositions. Mediation is available but not mandatory in Virginia.
- File a Complaint: Initiate the divorce and property division case at the New Kent County Circuit Court clerk’s office.
- Financial Disclosure: Both parties must file detailed financial statements and exchange documentation of all assets and debts.
- Discovery & Valuation: Conduct formal discovery, which may include appraisals for real estate, business valuations, and analysis of retirement accounts.
- Negotiation or Mediation: Attempt to negotiate a property settlement agreement. The court may refer the case to mediation.
- Trial: If no agreement is reached, the court will hold a trial to hear evidence and make a ruling on the division of property.
- Implementation: The court’s final order will direct the transfer of titles, accounts, and other assets as determined.
Potential Outcomes in a Property Division Case
In New Kent County, equitable distribution does not mandate an equal split but a fair one based on statutory factors, which can include awarding a larger share to one party.
| Asset Type | Classification | Typical Division Process | Considerations |
|---|---|---|---|
| Marital Home | Marital Property | Sale and split proceeds, or buyout by one spouse | Equity, mortgage, children’s residence |
| Retirement Accounts (401k, Pension) | Marital Portion | Divided via QDRO (Qualified Domestic Relations Order) | Valuation date, contributions during marriage |
| Family Business | Marital Property | Valuation, buyout, or continued co-ownership | Business valuation experienced, active/passive appreciation |
| Debts (Mortgages, Loans, Credit Cards) | Marital Liability | Assigned responsibility based on who incurred debt and why | Debt purpose, whose name is on the account |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Property Division Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our deep understanding of equitable distribution is anchored by Mr. Sris’s unique role in personally amending the very statute that governs property division in Virginia, Va. Code § 20-107.3. This insider legislative knowledge provides a distinct advantage in interpreting and arguing the factors that determine a fair split of your marital estate.
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
Documented Case Results
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County, with a 100% favorable outcome rate for clients. Our firm-wide track record spans 4,739+ cases across multiple states with a 93%+ favorable outcome rate. Results may vary. Prior results do not guarantee a similar outcome.
Contact Our New Kent County Property Division Lawyers
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 at the New Kent County courts (12001 Courthouse Circle), accessible via I-64 and Route 33. We are your local property division lawyer near New Kent, Providence Forge, and Quinton.
Property Division Lawyer New Kent County FAQs
How is property divided in a Virginia divorce?
No. Virginia uses equitable distribution under Va. Code § 20-107.3, which means marital property is divided fairly based on multiple factors, not automatically split 50/50. The court considers contributions, marriage length, and economic circumstances.
What is the difference between marital and separate property?
Marital property includes most assets and debts acquired during the marriage. Separate property is typically what you owned before marriage, received as a gift or inheritance, or is excluded by a valid agreement. The source of funds is key to classification.
How long does property division take in New Kent County?
It depends. With a signed agreement, it can be resolved in 2-4 months. Contested division involving business valuation or complex assets can take 12-24 months through discovery, mediation, and potentially a trial in New Kent County Circuit Court.
Can a spouse hide assets during a divorce?
No. Virginia law requires full financial disclosure. Hiding assets is illegal and can result in sanctions, including the offending spouse receiving a lesser share of the marital property. Formal discovery tools like subpoenas can uncover hidden assets.
Who pays the mortgage during the divorce process?
It depends. The court can issue pendente lite (temporary) orders assigning responsibility for marital debts, including the mortgage, based on income and who remains in the home. Both parties are typically liable to the lender until the debt is refinanced or the house is sold.
Related Legal Information
If you are facing a divorce in New Kent County, you may also need information from a Virginia Family Law Lawyer. For issues in nearby areas, consider a marital property split lawyer New Kent County or an equitable distribution lawyer New Kent County. For other legal needs in New Kent, see our pages on Criminal Defense and DUI Defense.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.