Equitable Distribution Lawyer New Kent County — How Is Marital 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 during a divorce. It is not a simple 50/50 split. The court uses a set of statutory factors under Va. Code § 20-107.3 to determine what is fair. This statute, which our firm’s founder Mr. Sris personally helped amend, defines marital property as all assets and debts acquired from the date of marriage until the date of separation, with specific exceptions for separate property like inheritances or gifts to one spouse.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, see Va. Code § 20-107.3 (official Virginia General Assembly). Court forms and procedures are available at the New Kent County Circuit Court website.
New Kent County Procedural Insights
In New Kent County, all equitable distribution cases are filed in the Circuit Court at 12001 Courthouse Circle. The court requires detailed financial disclosures. A key local procedural fact is that the court often orders the use of forensic accountants or business valuators for complex marital estates involving closely-held businesses or professional practices. Having an experienced fair property division lawyer New Kent County is critical for handling this process.
- File a Complaint for Divorce with a request for equitable distribution in New Kent County Circuit Court.
- Complete and exchange detailed financial disclosures, including statements of marital and separate property.
- Engage in discovery, which may include subpoenas for business records, depositions, and appraisals.
- Attempt settlement through negotiation or mediation with the assistance of your attorney.
- If settlement fails, present evidence at a trial on the factors of Va. Code § 20-107.3.
- Await the court’s final order dividing assets, debts, and awarding any monetary award.
Factors for Dividing Property
In New Kent County, equitable distribution considers multiple factors to achieve a fair, but not necessarily equal, division of marital property and debts.
| Factor (Va. Code § 20-107.3) | Court’s Consideration |
|---|---|
| Contributions to Family | Monetary and non-monetary contributions as a homemaker and parent. |
| Contributions to Marital Property | Efforts in acquiring, caring for, and maintaining property. |
| Duration of Marriage | Length of the marriage and standard of living established. |
| Age & Physical/Mental Condition | Each party’s age and physical and mental health. |
| Circumstances skilled to Divorce | Specific acts of marital misconduct that affected marital finances. |
| Debts & Liabilities | How and for whose benefit debts were incurred. |
| Tax Consequences | Federal, state, and local tax implications of the proposed division. |
| Use or Expenditure of Assets | Whether marital property was sold, transferred, or spent after separation. |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Property Division
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our unique advantage in asset division in divorce lawyer New Kent County cases stems from Mr. Sris’s direct involvement in amending the very statute that governs equitable distribution in Virginia. This deep legislative insight informs our strategy for business valuations, retirement account division, and handling of separate property claims.
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
The 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. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and Washington D.C. Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex financial cases is Mr. Sris, the firm’s founder and a former prosecutor who personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3.
Contact Our Richmond Office for New Kent County
Our Richmond location serves clients at the New Kent County courts. We are your local equitable distribution lawyer near New Kent, Providence Forge, and Quinton.
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 only.
Frequently Asked Questions
How long does a divorce take in New Kent County, Virginia?
It depends. An uncontested divorce with a signed separation agreement takes 2-4 months from filing. A contested divorce typically takes 9-18 months. Complex equitable distribution with business valuation can extend the timeline to 12-24 months.
How much does a divorce cost in New Kent County, Virginia?
The New Kent County Circuit Court filing fee for a divorce complaint is approximately $86. Additional costs include service of process ($12-$100), pendente lite motion fees, Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300 per hour per party). Attorney fees vary based on case complexity.
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 pre-marriage assets or inheritances, is 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 ten factors. New Kent County Juvenile and Domestic Relations Court handles standalone custody cases, while the Circuit Court handles custody within divorce proceedings.
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, and felony conviction with imprisonment for one year or more.
Internal Resources
For more information, see our Virginia Family Law hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. If you need other services, consider our New Kent County criminal defense lawyers.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.