In Fairfax, Virginia is an equitable distribution state under Va. Code § 20-107.3, meaning marital property is divided fairly but not necessarily 50/50. A Property Division Lawyer Fairfax from Law Offices Of SRIS, P.C. has 1789+ documented case results across all practice areas. Mr. Sris personally amended this equitable distribution statute.
Virginia Equitable Distribution Law: Va. Code § 20-107.3
Virginia is not a community property state. Under Va. Code § 20-107.3, courts divide marital property based on 11 statutory factors, including the duration of the marriage, each spouse’s contributions, and the value of separate property. Mr. Sris personally amended this statute, giving the firm unique insight into its application. The court presumes all property acquired during the marriage is marital, unless proven otherwise. Separate property — assets owned before marriage, inheritances, or gifts to one spouse — is excluded from division.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
For the full text of Virginia’s equitable distribution statute, see Va. Code § 20-107.3 (official Virginia General Assembly). Court procedures for property division cases are governed by the Fairfax County General District Court.
Insider Procedural Edge: Fairfax County Property Division
Fairfax County Circuit Court handles all equitable distribution cases. The court requires a complete financial disclosure within 21 days of the initial hearing. Missing this deadline can waive your right to claim certain assets.
- File a complaint for divorce at Fairfax County Circuit Court, 4110 Chain Bridge Road.
- Serve your spouse with the complaint and a financial disclosure affidavit.
- Attend the pendente lite hearing (within 21-60 days) for temporary support and asset access.
- Exchange full financial documents, including tax returns, bank statements, and business valuations.
- Participate in mediation to attempt a settlement before trial.
- Proceed to trial if no agreement is reached; the court applies the 11 factors under Va. Code § 20-107.3.
In Fairfax County, property division under Va. Code § 20-107.3 results in equitable distribution, not equal division. The court considers 11 factors to determine a fair split.
| Issue | Classification | Standard | Court Authority | Impact on Division | Additional Considerations |
|---|---|---|---|---|---|
| Marital Property | Equitable Distribution | Fair, not necessarily equal | Va. Code § 20-107.3 | Divided based on 11 factors | Includes assets acquired during marriage |
| Separate Property | Excluded | Not subject to division | Va. Code § 20-107.3(A) | Retained by owning spouse | Pre-marriage assets, inheritances, gifts |
| Business Valuation | Complex Asset | Fair market value | Va. Code § 20-107.3 | May require forensic accountant | Goodwill may be included |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Property Division Case?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. The firm has 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, the very statute that governs equitable distribution in Virginia. This is a unique credential that no other Fairfax family law firm can claim. The firm’s tagline, “Advocacy Without Borders,” reflects its commitment to aggressive, client-focused representation.
Mr. Sris, the firm’s founder and managing attorney, also handles complex family law matters and personally amended Va. Code § 20-107.3. He is a former prosecutor with bar admissions in VA, MD, DC, NJ, and NY.
Fairfax County Case Results
Law Offices Of SRIS, P.C. has 1789 total documented case results across all practice areas, with a 97% favorable outcome rate. In Fairfax County, the firm has secured dismissals and favorable dispositions in property-related cases. For example, a credit card fraud case (Va. Code § 18.2-192) resulted in a 2-year sentence fully suspended with active probation and no fine.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax Location
Our Fairfax location is approximately 1.5 miles from the Fairfax County Circuit Court at 4110 Chain Bridge Road, accessible via I-66 and Route 50.
Looking for a marital property split lawyer Fairfax or an equitable distribution lawyer Fairfax near you? We serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and Falls Church.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417
Meetings by appointment only.
Frequently Asked Questions About Property Division in Fairfax
How long does a divorce take in Fairfax County, Virginia?
Yes. 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.
How much does a divorce cost in Fairfax 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.
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).
How is child custody decided in Fairfax County, Virginia?
It depends. Custody in Fairfax 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.
What are the grounds for divorce in Virginia?
It depends. 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).
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.
For more information, see our Virginia Family Law Lawyer page. We also serve Fairfax City and Falls Church. For related practice areas, see our Fairfax Criminal Defense Lawyer and Fairfax DUI Lawyer pages.