In Arlington County, marital property is divided fairly under Va. Code § 20-107.3, not automatically 50/50. Law Offices Of SRIS, P.C. has 115 documented case results in Arlington County. A Marital Property Lawyer Arlington County can help you protect your assets during divorce proceedings.
Last verified: April 2026 | Arlington County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
Virginia is an equitable distribution state, meaning the court divides marital property fairly but not necessarily equally. Marital property includes assets acquired during the marriage, regardless of whose name is on the title. Separate property — assets owned before marriage, inheritances, or personal gifts — is generally excluded from division. A Marital Property Lawyer Arlington County can help you identify which assets are marital versus separate.
For the full text of Virginia’s equitable distribution statute, see Va. Code § 20-107.3 (official Virginia General Assembly). For court procedures and filing information, visit the Arlington County General District Court website.
In Arlington County Circuit Court, judges apply 11 statutory factors under Va. Code § 20-107.3 to determine equitable distribution. The court considers each spouse’s contributions, both financial and non-financial, during the marriage. A community property division lawyer Arlington County must present clear evidence of each factor to support your position.
- Identify all marital and separate assets with your Marital Property Lawyer Arlington County.
- Gather documentation: tax returns, bank statements, retirement account records, and property deeds.
- Determine the value of each asset, including business valuation if applicable.
- Negotiate a property settlement agreement with your spouse’s legal team.
- File the agreement with Arlington County Circuit Court for judicial approval.
- Attend the final hearing to obtain the court’s equitable distribution order.
In Arlington County, Virginia, marital property division under Va. Code § 20-107.3 follows equitable distribution principles, not community property rules.
| Asset Type | Classification | Division Standard | Court Factors | Impact on Outcome | Additional Considerations |
|---|---|---|---|---|---|
| Real estate | Marital property | Equitable distribution | 11 factors under § 20-107.3 | May be sold or awarded to one spouse | Mortgage liability also divided |
| Retirement accounts | Marital property | Qualified Domestic Relations Order (QDRO) | Length of marriage, contributions | Tax implications considered | Early withdrawal penalties may apply |
| Business interests | Marital property | Business valuation required | Active vs. passive involvement | May require forensic accounting | Goodwill value may be included |
| Personal property | Marital or separate | Based on ownership and use | Source of funds, intent | Gifts and inheritances excluded | Commingled assets may be marital |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and 4,739+ documented case results firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs marital property division in Virginia. This achievement provides a unique understanding of how the statute applies in Arlington County cases.
Law Offices Of SRIS, P.C. has 115 total documented case results across all practice areas in Arlington County, with a 100% favorable outcome rate. These results include dismissals, reductions, and favorable settlements in family law matters. Mr. Sris, as secondary counsel, brings his experience amending Va. Code § 20-107.3 to every marital property case.
Results may vary. Prior results do not guarantee a similar outcome.
Our Arlington location is near the Arlington County Circuit Court at 1425 N. Courthouse Rd, accessible via I-395 and Route 50.
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How long does a divorce take in Arlington County, Virginia?
It depends. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree. Contested divorce: 9-18 months. Complex equitable distribution with business valuation or retirement assets: 12-24 months. Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault.
How much does a divorce cost in Arlington County, Virginia?
It depends. Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Guardian ad Litem for custody: typically $500-$2,500+. Mediation: $100-$300/hour per party. Additional costs include forensic accounting for complex estates.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Arlington County Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Arlington County, Virginia?
Custody in Arlington County is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Arlington County J&DR Court handles standalone custody. Arlington County Circuit Court handles custody within divorce cases.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Arlington County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86.