Marital Property Lawyer Virginia Beach, VA
You and your spouse have decided to end your marriage. You own a home in Sandbridge, a 401(k) you’ve been building for fifteen years, and a small business you started before the wedding. You’ve heard that Virginia divides property “equitably,” but you don’t know what that means for the assets you care most about. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys help clients in Virginia Beach sort through the classification, valuation, and distribution of marital property to work toward an outcome that reflects the facts of your life. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How We Approach Marital Property Division
Dividing property in a Virginia divorce is governed by Va. Code § 20-107.3, the equitable distribution statute. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635, which revised that statute, and he understands both the letter of the law and the practical considerations that drive how courts apply it. The firm’s approach starts with a thorough inventory: every asset and debt acquired during the marriage is identified and classified as marital, separate, or a mix of both. Where a business or professional practice is involved, we often work with forensic accountants and business valuators to determine an accurate valuation. For clients in Virginia Beach, the goal is to build a clear record that supports a fair division—whether through a negotiated separation agreement or, when necessary, through litigation in the Circuit Court.
A property settlement agreement signed by both parties can resolve many of the issues without a contested hearing, and Mr. Sris and the firm’s Of Counsel attorneys are experienced in drafting agreements that cover real estate, retirement accounts, investment portfolios, and even military pensions—a common concern in the Hampton Roads area. When a trial is unavoidable, we appear at the Virginia Beach Circuit Court at 2425 Nimmo Parkway, prepared to present evidence under the eleven statutory factors the court must consider.
What to Expect When Dividing Marital Property in Virginia Beach
Once a divorce complaint is filed, the court will eventually schedule a hearing on equitable distribution if the parties cannot agree. Virginia Beach Circuit Court handles all divorce, equitable distribution, and spousal support matters, while the Virginia Beach Juvenile and Domestic Relations District Court may address standalone custody and support. The timeline varies depending on the complexity of the assets and whether the parties have resolved other issues, but a typical contested case with business or retirement assets can take many months. The court may enter pendente lite orders for temporary support, custody, or use of the family home while the case is pending.
During the process, each party must provide full financial disclosure. Statements, deeds, tax returns, and business records are exchanged, and depositions may be taken. For clients who have concerns about hidden assets or incomplete disclosure, the firm’s Of Counsel attorneys know how to use formal discovery tools to uncover the full picture. Throughout, Mr. Sris and the team keep the client informed and work to identify pragmatic solutions that avoid unnecessary expense.
The Cost of Getting Equitable Distribution Wrong
Virginia is not a community property state. The court does not automatically split everything 50-50; it divides property fairly under the statutory factors. What that means in practice is that the outcome depends heavily on the quality of the evidence and argument presented. If a business is undervalued, a retirement account is mischaracterized, or a separate-property claim is not properly documented, a spouse can lose assets they thought were protected. A poorly drafted separation agreement can lead to future litigation over enforcement. On the other hand, a well-prepared case that addresses classification, valuation, and the equitable factors head-on can make the difference between an outcome that devastates a family’s finances and one that allows both parties to move forward. Mr. Sris and the firm’s Of Counsel attorneys have documented case results in Virginia Beach since the firm’s founding in 1997. Results may vary.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has been practicing since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His legislative testimony on Virginia’s equitable distribution statute gives him an intimate knowledge of how the law was written and how it applies to complex marital property disputes. The firm’s Of Counsel attorneys bring extensive combined legal experience in family law, property division, and litigation, and they regularly handle matters in Virginia Beach and the surrounding communities of Sandbridge and Oceana. When you work with the firm, you get a team that understands both the courtroom procedure at the Nimmo Parkway courthouse and the strategic considerations that lead to negotiated resolutions.
Our Richmond Location serves clients throughout the Virginia Beach area. We do not maintain a walk-in office at the beach, but we appear in the Virginia Beach courts and meet with clients by appointment. Call (888) 437-7747 to schedule a consultation.
Frequently Asked Questions
How is marital property defined in Virginia?
Marital property generally includes all assets and debts acquired by either spouse during the marriage, other than gifts or inheritance from a third party. This can include homes, cars, bank accounts, retirement plans, stock options, business interests, and even pets. Under Va. Code § 20-107.3, the court first classifies property as marital, separate, or hybrid; then values it; then divides the marital share equitably. For an asset that is part marital and part separate (such as a business started before marriage that grew during the marriage), the court may trace contributions to determine the marital portion.
Does adultery affect how property is divided in Virginia Beach?
Yes, adultery can influence equitable distribution because the court considers the circumstances that contributed to the dissolution of the marriage. While Virginia’s equitable distribution statute does not impose a fixed penalty, the court may award a larger share of the marital estate to the innocent spouse if the adultery is proven. The effect is not automatic; the judge weighs it alongside the other ten statutory factors. If you suspect adultery or have been accused, it is important to present the evidence properly.
Can we just split everything ourselves without a lawyer?
You are not required to hire a lawyer to divide marital property, but doing so without legal advice risks overlooking important details. A separation agreement signed by both parties can resolve all property issues, but if it is not drafted carefully, you may later find you gave away a retirement survivor benefit, failed to address a tax liability, or misinterpreted what constitutes separate property. An experienced attorney can draft an agreement that avoids those pitfalls and still allows for an amicable resolution.
What happens to a military pension in a Virginia Beach divorce?
A military pension earned during the marriage is generally treated as marital property subject to division. The court can award a percentage of the marital share of a military retirement under the Uniformed Services Former Spouses’ Protection Act and Virginia law. Because Virginia Beach has a large military population, Mr. Sris and the firm’s Of Counsel attorneys are very familiar with the procedural requirements—including the need for a proper court order that the Defense Finance and Accounting Service will accept. We can also help with dividing a federal civil service pension or a private defined-benefit plan.
What if my spouse is hiding assets?
If you suspect your spouse is hiding assets, you should bring that to your attorney’s attention as soon as possible. Virginia allows for formal discovery—including interrogatories, requests for production of documents, and depositions—to identify accounts or property that have not been disclosed. The firm may also engage a forensic accountant to trace transactions. A spouse who deliberately conceals assets risks sanctions and an unfavorable distribution order.
How does a business get valued in a Virginia divorce?
A business or professional practice acquired or grown during the marriage is usually classified as marital property, and the court may require a valuation by an experienced attorney. The valuation considers the business’s income, assets, goodwill, and market conditions. Mr. Sris and the firm’s Of Counsel attorneys work with accredited business valuators to develop a well-supported figure. Once the value is established, the parties can either negotiate a buyout, trade other assets, or structure a payment plan.
Is an inheritance considered marital property?
No. Property received by gift or inheritance from a third party is separate property and is not subject to division. However, if you commingle an inheritance with marital funds—for example, by depositing it into a joint account and using it for household expenses—the separate character can be lost. Documentation is key. The firm helps clients trace the source of funds and establish the separate nature of the asset.
Do we have to go to court in Virginia Beach?
Not necessarily. Many marital property disputes are resolved through negotiation and a signed settlement agreement without a contested court hearing. If both parties agree on the division of assets and the agreement is incorporated into the final divorce decree, the case can proceed on an uncontested basis. If an agreement cannot be reached, the matter is heard by a judge at the Virginia Beach Circuit Court. Mr. Sris and the firm’s Of Counsel attorneys are prepared for both paths.
What does the court consider when dividing marital property?
Virginia Code § 20-107.3(E) lists eleven factors the court must consider. These include the monetary and non-monetary contributions of each spouse, the duration of the marriage, the ages and physical and mental condition of the parties, the circumstances that led to the divorce, how and when specific assets were acquired, debts and liabilities, the liquid or non-liquid character of the property, tax consequences, and any other factors the court deems relevant. The weight given to each factor varies by case.
How long does a contested property division take in Virginia Beach?
The timeline for a contested equitable distribution case in Virginia Beach depends on the complexity of the assets and the court’s calendar. Cases involving business valuations, multiple real properties, or difficult discovery disputes often take longer. Pendente lite hearings for temporary relief can be set relatively early, but a final trial may not occur for many months. The firm works to move the case forward efficiently while still conducting a thorough investigation of the marital estate.
For a detailed statutory breakdown of Virginia’s equitable distribution framework, see our comprehensive analysis at Law Offices Of SRIS, P.C..
Virginia Law Resources: Virginia Code Title 20 | Virginia Beach Circuit Court
To discuss your specific situation with Mr. Sris or a member of his team, call Law Offices Of SRIS, P.C. at (888) 437-7747.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.