Property Division Lawyer New Kent County — How Is Marital Property Split?
Dividing marital property in New Kent County is governed by Virginia’s equitable distribution law, Va. Code § 20-107.3, which Mr. Sris personally helped amend. The New Kent County Circuit Court at 12001 Courthouse Circle handles these cases. Law Offices Of SRIS, P.C. provides full representation for property division, ensuring your rights to assets like homes, retirement accounts, and businesses are protected. Call for a consultation.
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, but not necessarily equally, by the court. The process is defined by Va. Code § 20-107.3. The statute outlines 11 factors the court must consider to determine a fair split, including each spouse’s contributions to the family’s well-being, the duration of the marriage, and the circumstances skilled to the divorce. Separate property, such as assets owned before marriage or received as an inheritance or gift to one spouse, is typically excluded from division.
Local Court Process for Property Division in New Kent County
All property division cases in New Kent County are heard in the Circuit Court at 12001 Courthouse Circle. The process is part of a divorce proceeding. You must file a Complaint for Divorce that includes a request for equitable distribution. The court will require a full financial disclosure from both parties. In our experience, New Kent County judges carefully review property settlement agreements. If spouses can agree on a split, the court will likely approve it, making the process faster and less costly.
- File a Complaint for Divorce with a request for equitable distribution in New Kent County Circuit Court.
- Exchange mandatory financial disclosures and discovery with the other party.
- Attempt to negotiate a Property Settlement Agreement with the help of your property division lawyer New Kent County.
- If no agreement is reached, prepare for a trial where the judge will decide the division based on the 11 statutory factors.
- The court will issue a Final Divorce Decree that includes the equitable distribution order.
What Property Is Divided?
In New Kent County, all marital property is subject to equitable distribution, which includes assets and debts acquired during the marriage.
| Asset Type | Marital or Separate? | Division Considerations |
|---|---|---|
| Family Home | Marital if purchased during marriage | Equity, mortgage, buyout options, sale |
| Retirement Accounts (401k, Pension) | Marital portion accrued during marriage | Requires a Qualified Domestic Relations Order (QDRO) |
| Business Interests | Marital if value increased during marriage | Business valuation, active vs. passive growth |
| Bank Accounts & Investments | Marital if funds deposited during marriage | Tracing of separate funds can be complex |
| Debts (Mortgages, Loans, Credit Cards) | Marital if incurred during marriage | Liability is also divided equitably |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in New Kent County Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our firm has over 120 years of combined legal experience. We have a documented record of favorable outcomes in family law matters. Mr. Sris, our managing attorney, used his background in accounting and information systems to personally help amend Virginia’s key equitable distribution statute, Va. Code § 20-107.3. This deep, firsthand understanding of the law’s intent provides a significant advantage in crafting arguments for a fair marital property split lawyer New Kent County clients can rely on.
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
Our team, including secondary attorney Mr. Sris, a former prosecutor with a multi-state practice, focuses on achieving practical solutions. We have represented clients in the New Kent County courts, handling the specifics of local procedure.
Local Access and Consultation
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
Phones 24/7/365; Office by appointment.
By appointment only.
Our Richmond location serves clients in New Kent County and is accessible via I-64. We are your local property division lawyer New Kent County resource. We serve the communities of New Kent, Providence Forge, and Quinton. 24/7 phone consultations are available at (888) 437-7747. Meetings are by appointment only.
Property Division FAQs for New Kent County
How is property divided in a Virginia divorce?
No, not 50/50. Virginia uses equitable distribution under Va. Code § 20-107.3, where marital property is divided fairly based on 11 factors, which may result in an unequal split that the court deems just.
Is my inheritance considered marital property?
It depends. An inheritance received by one spouse is typically separate property. However, if it was commingled with marital assets (e.g., deposited into a joint account) or used for the benefit of the marriage, a portion may be deemed marital.
How is a family business divided in divorce?
The marital portion of a business—the value increase during the marriage—is subject to division. Options include one spouse buying out the other’s interest, continuing to co-own, or selling the business and splitting the proceeds. A business valuation is usually required.
What is a QDRO?
A Qualified Domestic Relations Order (QDRO) is a court order that allows retirement assets like a 401(k) or pension to be divided between divorcing spouses without early withdrawal penalties. It is a critical step in implementing the property division.
Can a property division agreement be changed after divorce?
No, generally not. A final property division order is not modifiable after the divorce is final, unlike child support or spousal support. This makes it crucial to get the agreement right the first time with an equitable distribution lawyer New Kent County.
For more information on court procedures, visit the Virginia Courts website.
Related Pages: Virginia Family Law Lawyer | Henrico County Family Lawyer | New Kent County Criminal Defense Lawyer
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. for current guidance.