Kales & Kales, PLC helps families Fairfax, Arlington, and Tyson’s Corner navigate the complex process of property division in divorce. Our team assists clients in understanding property division options, reviewing assets, and facilitating agreements that both parties can mutually accept. Whether through mediation or collaborative negotiation, Jonathan and Amy Kales provide guidance to help couples reach clear, workable property division agreements.
📋 Understanding Property Division in Virginia
In Virginia, property division in divorce follows the principle of equitable distribution, meaning the court seeks a fair—not necessarily equal—division of marital property. Common types of property include:
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🏠 Real estate, including family homes and investment properties
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💰 Bank accounts and investment accounts
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📈 Securities, including stocks, bonds, and mutual funds
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💼 Retirement accounts and pension benefits
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🚗 Vehicles and other tangible personal property, such as jewelry, collectibles, and art
Each of these assets may be considered marital or separate property depending on how and when it was acquired, as well as whether it has been commingled with marital property.
Virginia Code § 20-107.3 governs the division of marital property and instructs courts to divide property equitably, considering factors such as contribution to the family, duration of the marriage, and each spouse’s economic circumstances. Experienced property division attorneys can help guide you through the process and clarify which assets may be subject to equitable distribution.
👥 Meet the Kales & Kales Property Division Team
Jonathan Kales is a Virginia Supreme Court Certified Family Mediator since 2005 and a family law attorney since 2000. He brings decades of experience assisting Northern Virginia families in property division matters. Jonathan also serves as a collaborative divorce attorney, helping clients negotiate creative, practical solutions outside of litigation.
Amy Kales is a Virginia family law attorney since 2003 and focuses exclusively on property division mediation. Amy has extensive experience guiding couples through complex property issues, helping them explore options and reach mutually acceptable agreements.
Together, Jonathan and Amy provide a co-mediation approach that ensures both parties are fully heard, disputes are addressed constructively, and agreements are clearly articulated. Clients benefit from the combined strengths of Jonathan’s legal and collaborative experience and Amy’s focused mediation expertise, giving balanced support throughout the property division process.
💡 How Property Division Attorneys and Mediators Can Help
Property division in divorce can be complicated, involving legal, financial, and practical considerations. Jonathan and Amy assist clients by:
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🔍 Reviewing and analyzing marital and separate assets
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🤝 Facilitating negotiations through mediation or collaborative divorce
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✍️ Drafting property settlement agreements
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📊 Explaining options for dividing complex assets such as investments, retirement accounts, or real estate
With Jonathan and Amy, clients benefit from neutral guidance and structured discussions, helping them understand their options and reach agreements that work for both parties.
⚖️ Mediation for Property Division
Property division mediation allows couples to take control of their divorce outcomes. Jonathan and Amy work together to facilitate discussions that are neutral, transparent, and focused on practical solutions. Mediation advantages include:
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✅ Balanced Negotiation: Neutral mediators guide discussions and help explore options
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✅ Creative Solutions: Options beyond rigid court formulas, such as staggered property transfers, refinancing arrangements, or division of investment portfolios
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✅ Timely Resolution: Many property disputes can be resolved over a few sessions rather than drawn-out litigation
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✅ Privacy: Mediation sessions are confidential, protecting sensitive family financial information
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✅ Cost-Effectiveness: Reduces legal fees and court costs compared to traditional litigation
Jonathan also brings a collaborative divorce perspective, providing full legal representation for clients while maintaining a cooperative, settlement-focused approach.
🛠 Steps in Property Division
Navigating property division generally involves the following steps:
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Financial Disclosure: Both parties provide complete information about assets
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Valuation of Assets: Real estate, investments, securities, retirement accounts, and other assets are appraised or otherwise evaluated
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Negotiation/Mediation: Jonathan and Amy facilitate discussions to reach mutually agreeable settlements
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Drafting Agreements: Once terms are agreed upon, Kales & Kales prepares a property settlement agreement
🏡 Creative Solutions in Mediation
Mediation allows flexibility that courts cannot always provide. Examples of creative property division solutions include:
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Staggered transfers of property to minimize financial strain
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Refinancing or buyout arrangements for family homes
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Allocation of investment portfolios and securities
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Structuring payments to reflect future financial changes
These options allow couples to craft agreements that fit their specific needs and mutual understanding, rather than relying solely on standard formulas.
❓ Frequently Asked Questions About Property Division
What is equitable distribution?
Equitable distribution is the Virginia principle of dividing marital property fairly, considering each spouse’s contributions, financial circumstances, and the overall situation. Fair does not always mean equal.
What counts as marital property?
Marital property generally includes assets acquired during the marriage, except inheritances or gifts from third parties, which are considered separate property. Premarital property is also separate. Property acquired after separation is presumed to be separate property. Each asset may also be considered marital or separate depending on whether it has been commingled with marital property.
Can property division agreements be modified later?
No. Once a property division agreement is final and incorporated into a divorce decree, it cannot be modified by a court based on changes in circumstances. That’s why careful negotiation and clarity in mediation or collaborative settlement are essential.
How does mediation help with complex assets?
Mediation allows the parties to craft creative solutions for complicated assets, like investment accounts, retirement plans, or multiple properties, that a court might not easily order.
🌟 Why Choose Kales & Kales
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👥 Co-Mediation Expertise: Jonathan and Amy work together to provide neutral guidance
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⚖️ Decades of Experience: Over 20 years in Northern Virginia family law
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💡 Creative Solutions: Tailored property division plans based on mutual agreement
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📝 Practical Legal Guidance: Drafting enforceable agreements and ensuring clarity in equitable distribution
🚀 Next Steps
Dividing property in divorce can be one of the most complex aspects of ending a marriage. Kales & Kales, PLC helps families across Fairfax, Arlington, and Tysons Corner achieve practical and clear property settlements through mediation and collaborative negotiation.
Contact us today to schedule a consultation and explore how Jonathan and Amy can guide you through property division in Virginia divorce.
Disclaimer: This page provides general information about property division in Virginia divorce as of February 2026. It does not constitute legal advice. Outcomes depend on your specific circumstances; consult a qualified Virginia family law attorney for guidance.