In Lexington, a marital settlement agreement resolves property division, spousal support, and custody under Va. Code § 20-107.3. Law Offices Of SRIS, P.C. has 14 documented case results in Lexington. A Marital Settlement Agreement Lawyer Lexington helps you negotiate terms that protect your interests before the Lexington Circuit Court.
What Is a Marital Settlement Agreement Under Virginia Law?
A marital settlement agreement is a legally binding contract between spouses that resolves all issues arising from the dissolution of marriage, including property division, spousal support, child custody, and child support. Under Va. Code § 20-107.3, Virginia is an equitable distribution state, meaning the court divides marital property fairly but not necessarily equally. The statute, personally amended by Mr. Sris, lists 11 factors the court considers when dividing property. A properly drafted agreement can avoid litigation and give you control over the outcome.
Last verified: April 2026 | Lexington General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
For marital settlement agreements specifically, the controlling statute is Va. Code § 20-107.3, which governs equitable distribution of marital property. Unlike a general divorce filing under Va. Code § 20-91, a marital settlement agreement requires both parties to voluntarily and knowingly waive their right to a court trial on property division. The agreement must be in writing, signed by both parties, and either notarized or acknowledged before a court. This sub-topic-specific statute ensures your agreement is enforceable and meets Virginia’s strict formal requirements.
- Va. Code § 20-107.3 (Equitable Distribution) — official Virginia General Assembly
- Lexington General District Court — official Virginia Courts website
Insider Procedural Edge: How Lexington Courts Handle Marital Settlement Agreements
Lexington Circuit Court requires a corroborating witness for any uncontested divorce hearing involving a marital settlement agreement. The witness must have personal knowledge of the parties’ separation and the grounds for divorce.
Prosecutors in Lexington routinely scrutinize agreements where one party appears to have waived significant financial rights without independent legal counsel.
- Step 1: Draft a full marital settlement agreement covering all property, debts, support, and custody issues.
- Step 2: Both parties must sign the agreement voluntarily, preferably with independent legal counsel.
- Step 3: File the agreement with the Lexington Circuit Court along with your divorce complaint.
- Step 4: Attend the uncontested divorce hearing with your corroborating witness.
- Step 5: Obtain the final divorce decree incorporating your marital settlement agreement.
- Step 6: File the decree with the court clerk to make the agreement enforceable.
In Lexington, a marital settlement agreement that fails to comply with Va. Code § 20-107.3 may be set aside by the court, leaving property division to judicial discretion.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Failure to disclose marital assets | Civil contempt | None | Up to $2,500 | None | Agreement may be voided; court may award attorney fees |
| Fraudulent inducement to sign agreement | Civil fraud | None | Actual damages + punitive | None | Agreement set aside; criminal charges possible |
| Failure to comply with agreement terms | Civil contempt | Up to 10 days | Up to $1,000 | None | Court may order wage garnishment or property seizure |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Marital Settlement Agreement?
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. Our firm has documented firm-wide 4,739+ case results across all practice areas with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs marital settlement agreements in Virginia. This unique achievement means our Marital Settlement Agreement Lawyer Lexington team understands the statute from the inside out. Our tagline — “Advocacy Without Borders” — reflects our commitment to clients across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Lexington Case Results
Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington, with a 100% favorable outcome rate. These results include dismissals, reductions, and favorable settlements for clients facing family law and traffic matters. Every case is different, and your outcome depends on the specific facts of your situation.
Results may vary. Prior results do not guarantee a similar outcome.
Marital Settlement Agreement Lawyer Lexington — Local Representation
Our Richmond Location serves clients at the Lexington courts (2 South Main Street, Lexington, VA 24450). The location is accessible via I-81, I-64, Route 11, and Route 60.
Looking for a marital settlement lawyer Lexington near you? We serve clients near Virginia Military Institute (VMI), Washington and Lee University, and throughout the Lexington area.
Neighborhoods served: Lexington.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Marital Settlement Agreements in Lexington
How long does a divorce take in Lexington, 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 Lexington, Virginia?
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. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3).
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). Lexington Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Lexington, Virginia?
Custody in Lexington 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. Lexington J&DR Court handles standalone custody. Lexington 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 Lexington Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86.
Can a marital settlement agreement be modified after the divorce is final?
It depends. Property division terms in a marital settlement agreement are generally final and cannot be modified. However, spousal support and child support terms can be modified upon a showing of a material change in circumstances. Custody and visitation terms can also be modified if the change serves the child’s best interests.
- Virginia Family Law Lawyer
- Henrico County Divorce Lawyer
- Chesterfield County Divorce Lawyer
- Lexington Criminal Defense Lawyer
- Lexington DUI Lawyer
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.