Marital Settlement Agreement Lawyer Lexington, VA

For spouses in Lexington, Virginia, who are working toward an amicable divorce, a well‑drafted marital settlement agreement can resolve property division, spousal support, and, where applicable, child‑related issues without a contested trial. This type of agreement—often called a separation agreement or property settlement agreement—is a legally binding contract signed by both parties and notarized. When properly prepared, it becomes the foundation of an uncontested divorce in the Lexington Circuit Court. Law Offices Of SRIS, P.C. assists clients throughout Lexington and the surrounding Rockbridge County area with the negotiation, drafting, and court approval of marital settlement agreements. To speak with an attorney about your situation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Last reviewed: July 2026

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What a Marital Settlement Agreement Means in Lexington, Virginia

A marital settlement agreement is a comprehensive written contract between spouses that resolves all issues arising from the marriage. In Virginia, these agreements commonly address the identification and division of marital property and debts under the equitable distribution framework of Va. Code § 20‑107.3, as well as spousal support (alimony) and, if the couple has minor children, custody, visitation, and child support. Because Virginia is an equitable‑distribution state rather than a community‑property state, the court will divide marital assets fairly but not necessarily equally; a signed agreement allows the parties themselves to decide what is fair.

For Lexington residents, the Lexington Circuit Court, located at 2 South Main Street, Lexington, VA 24450, has exclusive jurisdiction over divorce and the accompanying equitable‑distribution and spousal‑support matters. Standalone custody, visitation, and child‑support petitions are heard in the Lexington Juvenile and Domestic Relations District Court. When the parties have executed a marital settlement agreement and no minor children—or when all child‑related issues are already resolved by the agreement—Virginia law permits a no‑fault divorce after a six‑month separation if a written separation agreement is in place (Va. Code § 20‑91(9)(b)). The Circuit Court reviews the agreement to ensure it is conscionable and that both parties entered into it voluntarily. In uncontested cases, at least one corroborating witness must appear at the final divorce hearing. Mediation is available but not mandatory; for couples with complex finances, forensic accountants and business valuators are often used to value marital assets before the agreement is finalized.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Marital Settlement Agreement Cases

The process begins with a detailed consultation in which an attorney gathers information about the marriage, the parties’ assets and debts, income, and any child‑related considerations. The goal is to understand what each spouse wants to achieve and to identify potential areas of disagreement. Mr. Sris and the firm’s Of Counsel attorneys then help the client negotiate terms directly with the other spouse or through counsel. Every agreement is tailored to the specific financial and family circumstances of the couple.

Once the terms are settled, the agreement is drafted as a formal contract that complies with Virginia’s statutory requirements. The document must be signed by both parties and notarized. After a sufficient separation period, the agreement is filed together with the divorce complaint in the Lexington Circuit Court. An attorney from the firm appears at the final hearing, presents the agreement to the judge, and answers any questions the court may raise. While most marital settlement agreements are approved without incident, having experienced representation at the hearing helps ensure that the court’s procedural requirements are satisfied. Throughout the matter, clients are kept informed and advised of their rights, including the right to independent legal review if the other spouse is represented by separate counsel.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has concentrated his practice on family law matters since founding the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he personally handles many of the firm’s significant family law engagements. The firm’s Of Counsel attorneys bring additional experience in family law, litigation, and negotiation. Together, the legal team serves clients in Lexington from the firm’s Shenandoah location at 505 N Main St, Suite 103, Woodstock, VA 22664. Consultations are offered in English, Spanish, and Tamil. For a consultation about drafting or reviewing a marital settlement agreement, call (888) 437‑7747.

Frequently Asked Questions

What is a marital settlement agreement in Virginia?

A marital settlement agreement is a legally binding written contract signed by both spouses that resolves all property, support, and, if applicable, child‑related issues. In Virginia, the agreement must be notarized and is typically incorporated into the final divorce decree. Once approved by the Circuit Court, it becomes an enforceable court order that governs the division of assets, debts, spousal support, and parenting arrangements.

Do I need a lawyer to draft a marital settlement agreement in Lexington?

There is no legal requirement that you hire an attorney, but having an experienced family lawyer is strongly advisable. A marital settlement agreement involves significant financial and personal rights. An attorney can ensure the agreement complies with Virginia law, addresses all required issues, and protects your interests before it becomes binding. Because one attorney cannot represent both spouses with conflicting interests, each party should obtain independent legal advice.

How does the marital settlement agreement process work in Lexington?

The process typically begins with a consultation, followed by gathering financial information, negotiating terms, and drafting the agreement. After both parties sign and notarize the document, it is filed with the divorce complaint in the Lexington Circuit Court. Once the statutory separation period has elapsed, the court holds a final hearing at which a corroborating witness testifies. The judge reviews the agreement for fairness and, if satisfied, incorporates it into the divorce decree.

Can a marital settlement agreement be modified after the divorce?

Property‑division provisions in a marital settlement agreement are generally final, but provisions for spousal support and child‑related matters can be modified under certain circumstances. If both parties agree to modify the agreement, they may execute a new written modification. When one party seeks a change without the other’s consent, a motion must be filed in the Lexington court that issued the original order. Modification of child support or custody is subject to the trusted‑interests‑of‑the‑child standard and statutory guidelines.

What happens if my spouse refuses to sign the settlement agreement?

If your spouse will not sign, the divorce becomes contested, and the court will decide all unresolved issues at trial. In a contested divorce, the judge applies Virginia’s equitable‑distribution factors, spousal‑support factors, and child‑custody factors to determine the outcome. This process takes longer and is generally more expensive. An experienced attorney can still work to reach a partial or global settlement even after a contested case has begun.

How can I reach a marital settlement agreement lawyer in Lexington, Virginia?

You can contact Law Offices Of SRIS, P.C. at (888) 437‑7747 to schedule a consultation about drafting or reviewing a marital settlement agreement. The firm’s Shenandoah location at 505 N Main St, Suite 103, Woodstock, VA 22664 serves clients throughout Lexington and Rockbridge County. Evening and weekend consultations are available by appointment.

Additional resources: Virginia Code Title 20 — Domestic Relations | Virginia Judicial System

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