Arlington County Property Division Lawyer — How Is Your Marital Property Divided?
Dividing marital property in Arlington County follows Virginia’s equitable distribution law, Va. Code § 20-107.3, which Mr. Sris personally amended. The Arlington County Circuit Court at 1425 N. Courthouse Rd handles these cases. A property division lawyer Arlington County from Law Offices Of SRIS, P.C. can help you handle this process. We have documented results in Arlington County family law matters.
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 governed by Va. Code § 20-107.3, which outlines 11 factors the court must consider to achieve a fair, or equitable, split.
Last verified: April 2026 | Arlington County Circuit Court | Virginia General Assembly
The statute defines marital property as all property titled in the names of both parties, and all other property acquired by either spouse during the marriage, except for separate property. Separate property includes assets owned before the marriage, inheritances, and gifts received by one spouse alone.
Official Legal Resources
For the full text of the law, review Va. Code § 20-107.3 (official Virginia General Assembly website). For court procedures and forms, visit the Arlington County Circuit Court website.
Arlington County Property Division Process
In Arlington County, property division is part of a divorce case filed in Circuit Court. The court’s goal is a fair split based on statutory factors like the length of the marriage, each spouse’s contributions, and their economic circumstances. An equitable distribution lawyer Arlington County can be essential for presenting your case effectively.
- File for Divorce: The property division process begins when a Complaint for Divorce is filed with the Arlington County Circuit Court.
- Financial Disclosure: Both parties must complete detailed financial statements, identifying all assets and debts, and classifying them as marital or separate.
- Discovery & Valuation: Through the legal discovery process, assets like real estate, retirement accounts, and businesses are identified and valued, often requiring experts.
- Negotiation or Mediation: Parties can attempt to reach a Property Settlement Agreement (PSA) through negotiation or mediation to avoid a trial.
- Court Trial: If an agreement cannot be reached, the judge will hear evidence and arguments at trial and issue a final order dividing the property.
- Implementation: The court’s order is implemented, which may involve transferring titles, dividing accounts, or selling assets.
What Property Is Divided?
In Arlington County, the court divides all marital property and debt based on the equitable distribution factors in Va. Code § 20-107.3.
| Asset Type | Marital vs. Separate | Division Consideration |
|---|---|---|
| Family Home | Marital if purchased during marriage | Often the most significant asset; buyout or sale may be ordered. |
| Retirement Accounts (401k, Pension) | Marital portion is from contributions during marriage | Divided via a Qualified Domestic Relations Order (QDRO). |
| Bank & Investment Accounts | Marital if funds deposited during marriage | Value is typically split, but tracing separate contributions is possible. |
| Business Interests | Marital if value increased during marriage | Requires business valuation; owner-spouse may retain it with offset. |
| Personal Property (Cars, Furniture) | Generally marital | Divided based on use and value; often negotiated. |
| Debts (Mortgages, Loans, Credit Cards) | Marital if incurred during marriage | Assigned based on who incurred the debt and ability to pay. |
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. Our firm brings over 120 years of combined legal experience to every case. A key point of authority in Virginia family law is that Mr. Sris personally played a role in amending the equitable distribution statute, Va. Code § 20-107.3, giving our team direct insight into the legislative intent behind the law.
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
Case Results in Arlington County
Our firm has a documented record of favorable outcomes in Arlington County courts across all practice areas. For example, our attorneys have successfully secured dismissals and reductions in various matters. In one case, a domestic assault & battery charge was nolle prosequi (dismissed) in Arlington County Juvenile and Domestic Relations District Court.
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions, provides strategic oversight on complex family law cases involving significant assets.
Contact Our Arlington Property Division Lawyer
Our Arlington location serves clients throughout Arlington County and nearby communities like Crystal City, Rosslyn, Clarendon, Ballston, and Pentagon City. We are accessible for those seeking a marital property split lawyer Arlington County.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room No. 719
Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Property Division FAQs
Is Virginia a 50/50 divorce state?
No. Virginia is an equitable distribution state, meaning property is divided fairly, not necessarily equally. The court considers 11 factors under Va. Code § 20-107.3 to determine a fair split.
How is the house divided in a divorce in Virginia?
It depends. The marital home is typically marital property. The court may order it sold and proceeds split, or award it to one spouse with a monetary award to the other. Factors include children’s needs, ownership interest, and each spouse’s financial ability.
How long does a property division case take in Arlington County?
If uncontested with an agreement, 2-4 months. Contested cases with complex assets like businesses or retirement accounts can take 12-24 months from filing to final order from Arlington County Circuit Court.
What is separate property in a Virginia divorce?
Separate property is not divided. It includes assets owned before marriage, inheritances received by one spouse alone, and gifts given solely to one spouse. It must be kept separate and can be traced.
Can my spouse get part of my retirement in a divorce?
Yes. The portion of your retirement account (like a 401k or pension) earned during the marriage is marital property. It is divided via a court order called a Qualified Domestic Relations Order (QDRO).
Related Legal Help in Arlington County
If you are dealing with a divorce, you may also need guidance on criminal defense or DUI charges. For other family law matters in Virginia, see our Virginia family law hub page. We also assist clients in neighboring areas like Alexandria.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.