A marital settlement agreement in Chesapeake, Virginia, is governed by Va. Code § 20-109, which allows parties to resolve divorce-related issues such as property division, spousal support, and child custody through a written contract. Law Offices Of SRIS, P.C. has extensive criminal defense experience and handles marital settlement agreements in Chesapeake. Call (888) 437-7747 for a consultation by appointment.
Marital Settlement Agreement Lawyer Chesapeake, Virginia
A marital settlement agreement, also known as a property settlement agreement, is a legally binding contract between spouses that resolves issues arising from divorce or separation. Under Va. Code § 20-109, such agreements are enforceable in Virginia courts, provided they are in writing, signed by both parties, and not unconscionable. The agreement can address division of marital property, spousal support, child custody, and child support. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience.
Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly — official site
For the full text of the statute governing marital settlement agreements, see Va. Code § 20-109 (Virginia General Assembly — official site). For information on equitable distribution, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Chesapeake Circuit Court, judges routinely enforce marital settlement agreements that are clear and unambiguous. We have observed that agreements with detailed asset schedules and specific support calculations are less likely to be challenged. The court expects both parties to have disclosed all assets fully. Failure to disclose can result in the agreement being set aside.
- Identify all marital and separate assets with your attorney.
- Negotiate terms for property division, support, and custody.
- Draft the agreement in compliance with Va. Code § 20-109.
- Sign the agreement before a notary public.
- File the agreement with Chesapeake Circuit Court.
- Attend the final hearing for court approval.
In Chesapeake, Virginia, a marital settlement agreement is a civil contract; failure to comply can result in court enforcement, including contempt proceedings.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Breach of Marital Settlement Agreement | Civil Contempt | Up to 12 months | Up to $2,500 | N/A | Court may order specific performance or modify terms |
| Failure to Disclose Assets | Civil Fraud | N/A | Up to actual damages | N/A | Agreement may be set aside |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm handles complex marital settlement agreements, including those involving business valuation, retirement assets, and international assets.
Law Offices Of SRIS, P.C. has 6 documented case results in Chesapeake: 0 dismissed or not guilty, 0 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. Firm-wide, the firm has 4,739+ documented results across VA, MD, DC, NY and NJ.
Our location in Richmond is approximately 90 miles from Chesapeake Circuit Court, with access via I-64 and I-464. We serve as a marital settlement lawyer Chesapeake and divorce settlement terms lawyer Chesapeake for clients throughout the area. Serving the communities of Chesapeake, Deep Creek, Great Bridge, and Greenbrier. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
(804) 201-9009 | By appointment only
Frequently Asked Questions About Marital Settlement Agreements in Chesapeake
How long does a divorce take in Chesapeake (City), Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Chesapeake (City) Juvenile & Domestic Relations District Court (custody/support/protective orders) and Chesapeake (City) Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution… High-asset or international-element cases can extend longer. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
How much does a divorce cost in Chesapeake, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Chesapeake General District Court.
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). Chesapeake Circuit Court (307 Albemarle Drive, Chesapeake, VA 23322) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Chesapeake, Virginia?
Custody in Chesapeake is based on the experienced 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. Chesapeake J&DR Court handles standalone custody. Chesapeake Circuit Court handles custody within divorce cases. 6 total documented case results across all practice areas (favorable outcome in all reported instances)
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 Chesapeake Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party
How does a Virginia lawyer defend against marital settlement agreement charges?
Defense strategies for marital settlement agreement in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-109 to build the strongest possible defense.
What should I do if I am facing marital settlement agreement charges in Virginia?
If facing marital settlement agreement charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
What are the penalties for marital settlement agreement in Virginia?
Penalties for marital settlement agreement in Virginia depend on the specific charges, prior record, and circumstances. Under Va. Code § 20-109, consequences may include fines, jail time, probation, or other sanctions. Consult a Virginia family law attorney for case-specific guidance.
For more information, visit our Flat Fee Uncontested Divorce Lawyer Virginia hub page. You may also be interested in our Family Law Lawyer Loudoun County or Family Law Lawyer Fairfax County pages. For related practice areas, see Petit Larceny Defense Lawyer Chesapeake or Assault Lawyer Chesapeake.
Last verified: April 2026