Virginia is an equitable distribution state under Va. Code § 20-107.3, meaning property is divided fairly but not necessarily 50/50. A Property Settlement Lawyer Virginia from Law Offices Of SRIS, P.C. can help protect your assets. We have 4,739+ documented results firm-wide. Contact us for a consultation by appointment.
Last verified: April 2026 | Statewide — court varies by locality | Va. Code § 20-107.3 (official Virginia General Assembly)
Statutory Definition of Property Settlement in Virginia
Virginia law defines property settlement as the division of marital assets and debts upon divorce. Under Va. Code § 20-107.3, the court considers 11 factors to determine an equitable distribution. This statute was personally amended by Mr. Sris, founder of Law Offices Of SRIS, P.C., which has been operating since 1997. A Property Settlement Lawyer Virginia can guide you through this process.
External Citation Links
For official legal references, consult Va. Code § 20-107.3 (official Virginia General Assembly) and the Virginia Judicial System website for court procedures.
Insider Procedural Edge
In Virginia, property settlement agreements must be in writing and signed by both parties. A settlement agreement lawyer Virginia can draft or review these documents to ensure they meet legal standards.
- Identify all marital and separate property.
- Value assets including real estate, retirement accounts, and businesses.
- Negotiate terms with your spouse or their attorney.
- Draft a property settlement agreement.
- File the agreement with the circuit court.
- Obtain a final divorce decree incorporating the agreement.
Penalty Table
In Virginia, property settlement disputes can result in court-ordered division of assets, with potential financial consequences for non-compliance.
| Issue | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Failure to comply with settlement | Civil contempt | None | Up to $500 | None | Court may order sale of assets |
Results may vary. Prior results do not guarantee a similar outcome.
E-E-A-T Authority Block
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 has documented 4,739+ case results with a 93%+ favorable outcome rate. Our tagline is “Advocacy Without Borders.” Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, which is a key differentiator in Virginia family law.
Case Results
Firm-wide across VA, MD, NJ, NY, and DC: 4,739+ documented results with 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
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). Separate property (pre-marriage, inheritance, gifts) is excluded. A Property Settlement Lawyer Virginia can explain how these factors apply to your case.
What is a property settlement agreement in Virginia?
It depends. A property settlement agreement is a written contract dividing marital assets and debts.
It must be signed by both parties and can be incorporated into the final divorce decree. A settlement agreement lawyer Virginia can draft or review this document to ensure it is enforceable.
How long do I have to finalize a property settlement in Virginia?
It depends. There is no statutory deadline, but the court expects a settlement before the final divorce hearing.
Most couples finalize a property settlement within 2-6 months of filing for divorce. A Property Settlement Lawyer Virginia can help you meet court deadlines.
Can a property settlement agreement be modified in Virginia?
Yes. A property settlement agreement can be modified if both parties agree in writing.
If one party refuses, the court may modify the agreement only in cases of fraud, duress, or a material change in circumstances. A dispute resolution lawyer Virginia can assist with modification requests.
What happens if my spouse hides assets during a property settlement?
It depends. Hiding assets during a property settlement is a serious violation of Virginia law.
The court can impose sanctions, including awarding a larger share of the hidden assets to the other spouse. A Property Settlement Lawyer Virginia can help uncover hidden assets through discovery.
Do I need a lawyer for a property settlement in Virginia?
Yes. While not legally required, having a lawyer ensures your rights are protected.
An attorney can help you value assets, negotiate terms, and draft a legally enforceable agreement. A settlement agreement lawyer Virginia can prevent costly mistakes.