Equitable Distribution Lawyer New Kent County — How Is Your Property Divided?
An Equitable Distribution Lawyer New Kent County handles the fair division of marital assets and debts under Virginia law. Virginia is an equitable distribution state, governed by Va. Code § 20-107.3, which Mr. Sris personally helped amend. The Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County.
Virginia Equitable Distribution Law
Equitable distribution in Virginia is the legal process of dividing marital property and debts between spouses during a divorce. It is not a simple 50/50 split. The court follows Va. Code § 20-107.3, which provides a framework for determining what is fair based on the specific circumstances of your marriage and divorce.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
The statute defines marital property as all property titled in either spouse’s name or both names that was acquired from the date of marriage until the date of separation. Separate property, which is generally excluded from division, includes assets owned before marriage, inheritances, and gifts given solely to one spouse.
Official Legal Resources
For the full text of the law, review Va. Code § 20-107.3 (official Virginia General Assembly website). All divorce and property division cases in New Kent County are filed at the New Kent County Circuit Court.
Local Process for Property Division in New Kent County
In New Kent County, the equitable distribution process is handled by the Circuit Court. The court requires a detailed listing of all assets and debts, known as a schedule of marital property. For complex estates involving businesses or retirement accounts, forensic accountants and business valuators are often necessary. A signed property settlement agreement can resolve all issues without a trial.
- File for Divorce: The equitable distribution claim is part of the divorce complaint filed with the New Kent County Circuit Court.
- Financial Disclosure: Both parties must exchange full financial disclosures and create a schedule of marital property.
- Valuation: Obtain professional valuations for complex assets like businesses, professional practices, or retirement accounts.
- Negotiation/Settlement: Attempt to reach a property settlement agreement through negotiation or mediation.
- Court Hearing: If no agreement is reached, the court will hold a hearing to take evidence and make a ruling on division.
- Implementation: The final divorce decree will order the transfer or sale of assets and allocation of debts as determined.
Factors in Equitable Distribution
In New Kent County, equitable distribution considers multiple factors to achieve a fair, but not necessarily equal, division of marital property.
| Statutory Factor (Va. Code § 20-107.3) | Court’s Consideration |
|---|---|
| Contributions to Family & Marriage | Monetary and non-monetary contributions as a homemaker, parent, and career supporter. |
| Duration of the Marriage | Longer marriages often lead to more intertwined finances and a different approach to division. |
| Age & Physical/Mental Condition | The health and earning capacity of each spouse at the time of division. |
| Circumstances skilled to Divorce | Fault grounds like adultery or cruelty can be considered in the division of property. |
| Tax Consequences | How the division of specific assets will affect each party’s tax liability. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in New Kent County Family Law
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. Mr. Sris’s unique background includes personally amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep, practical insight into its application. In New Kent County, we have 11 documented case results across all practice areas.
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 & Client Advocacy
Our firm’s approach in New Kent County focuses on protecting your financial future. We have successfully represented clients in complex property division cases involving businesses, retirement accounts, and real estate. Mr. Sris, the firm’s founder and a secondary attorney on this matter, uses his unique experience amending the equitable distribution statute to advocate for fair outcomes.
Results may vary. Prior results do not guarantee a similar outcome.
Local Representation for New Kent County Residents
Our Richmond location serves clients at the New Kent County courts. We are accessible via I-64, Route 33, and Route 249. If you need an Equitable Distribution Lawyer New Kent County near the Colonial Downs Racetrack or in communities like Providence Forge and Quinton, we are here to help.
Availability: 24/7 phone consultations — meetings by appointment only.
Contact: Law Offices Of SRIS, P.C. | Richmond Location: 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225 | Toll-Free: (888) 437-7747 | Local: (804)201-9009 | By appointment only.
Frequently Asked Questions
How long does a divorce take in New Kent County, Virginia?
It depends. An uncontested divorce with a signed agreement takes 2-4 months. A contested divorce often takes 9-18 months. Complex cases with business valuation can take 12-24 months. A pendente lite hearing for temporary support is typically set within 21-60 days of filing the motion.
How much does a divorce cost in New Kent County, Virginia?
The court filing fee is about $86. Additional costs include service of process ($12-$100), pendente lite motion fees, a Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300/hour per party). Attorney fees vary based on case complexity and whether the divorce is contested.
Is Virginia a community property state?
No. 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, like assets owned before marriage, is typically excluded from division.
How is child custody decided in New Kent County, Virginia?
Custody is based on the child’s best interests under Va. Code § 20-124.3, considering factors like each parent’s role and the child’s relationship with each parent. Standalone custody cases go to J&DR Court; custody within a divorce is handled by Circuit Court.
What are the grounds for divorce in Virginia?
No-fault grounds require a 6-month separation (no minor children and a signed agreement) or a 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion for one year, or a felony conviction with one year or more of imprisonment.
Related Legal Information
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in New Kent County and DUI/DWI charges. For similar family law help nearby, consider our family lawyers in Henrico County.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your equitable distribution case in New Kent County.