A Marital Settlement Agreement in Virginia Beach, Virginia, is governed by Va. Code § 20-109, which requires a written agreement signed by both parties to be enforceable. Law Offices Of SRIS, P.C. has extensive family law experience handling marital settlement agreements in Virginia Beach, including complex property division and custody terms. Mr. Sris personally amended Va. Code § 20-107.
Marital Settlement Agreement Lawyer in Virginia Beach, Virginia
A Marital Settlement Agreement (also called a property settlement or separation agreement) is a legally binding contract between spouses that resolves all issues arising from the dissolution of marriage, including division of marital property, spousal support, child custody, and child support. Under Va. Code § 20-109, such agreements are enforceable in Virginia courts if they are in writing, signed by both parties, and not unconscionable. Virginia is an equitable distribution state, meaning the court divides marital property fairly but not necessarily 50/50, considering 11 factors under Va. Code § 20-107.3. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience to every marital settlement agreement case in Virginia Beach.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia Legislature
For the full text of the statute governing marital settlement agreements, see Va. Code § 20-109 (Virginia General Assembly — official site). For the equitable distribution statute personally amended by Mr. Sris, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Virginia Beach Circuit Court, prosecutors routinely require a corroborating witness for uncontested divorce hearings, even when both parties have signed a marital settlement agreement. We have observed that judges in Virginia Beach strictly enforce the 6-month or 1-year separation period before entering a final decree.
- Identify all marital assets and debts, including real estate, retirement accounts, and business interests.
- Negotiate terms with your spouse through your attorneys or mediation.
- Draft the marital settlement agreement in compliance with Va. Code § 20-109.
- File the agreement with Virginia Beach Circuit Court along with the divorce complaint.
- Attend the uncontested divorce hearing with a corroborating witness.
- Obtain the final decree of divorce incorporating the agreement.
In Virginia Beach, Virginia, marital settlement agreements are governed by Va. Code § 20-109, and failure to comply with the agreement can result in contempt of court proceedings, including fines, attorney fees, and potential jail time for willful non-compliance.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Failure to Comply with Marital Settlement Agreement | Civil Contempt | Up to 10 days (civil) or up to 12 months (criminal contempt) | Up to $2,500 (criminal contempt) | None directly | Attorney fees, court costs, potential modification of custody or support |
| Fraudulent Concealment of Assets | Fraud on the Court | Up to 12 months (criminal contempt) | Up to $2,500 | None directly | Rescission of agreement, reallocation of assets, attorney fees |
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 — a unique credential that no other Virginia family law attorney can claim. The firm handles complex marital settlement agreements involving business valuation, stock options, international assets, and high-net-worth estates.
Law Offices Of SRIS, P.C. has 8 documented case results in Virginia Beach across all practice areas, with a favorable outcome in all reported instances. Results may vary. The firm-wide total of 4,739+ documented results across VA, MD, DC, NY and NJ demonstrates the firm’s extensive experience in family law and marital settlement agreements.
Our location in Richmond, Virginia is approximately 100 miles from Virginia Beach Circuit Court (2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456), with access via I-64 and I-264. We serve clients seeking a marital settlement agreement lawyer near Virginia Beach. Serving the communities of Virginia Beach, Sandbridge, and Oceana. 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
Phone: (804) 201-9009 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Marital Settlement Agreements in Virginia Beach
How long does a divorce take in Virginia Beach (City), Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Virginia Beach (City) Juvenile & Domestic Relations District Court (custody/support/protective orders) and Virginia Beach (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 with business valuation or retirement assets: 12-24 months. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
Uncontested divorces in Virginia Beach typically resolve in 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Virginia Beach, Virginia?
The Circuit Court filing fee for a divorce complaint is 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. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Virginia Beach General District Court.
The Circuit Court filing fee for a divorce complaint in Virginia Beach is approximately $86.
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). Virginia Beach Circuit Court (2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state, not a community property state.
How is child custody decided in Virginia Beach, Virginia?
Custody in Virginia Beach 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. Virginia Beach J&DR Court handles standalone custody. Virginia Beach Circuit Court handles custody within divorce cases.
Child custody in Virginia Beach is decided based on the experienced interests of the child under Va. Code § 20-124.3.
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 Virginia Beach Circuit Court.
No-fault divorce in Virginia requires 6-month or 1-year separation; fault grounds include adultery, cruelty, desertion, and felony conviction.
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 about family law matters in Virginia, visit our Flat Fee Uncontested Divorce Lawyer Virginia page. You may also be interested in our Family Law Lawyer Loudoun County and Family Law Lawyer Fairfax County pages. For related practice areas, see Petit Larceny Defense Lawyer Virginia Beach and Assault Lawyer Virginia Beach.
Last verified: April 2026. This page was generated on 2026-04-30.
Attorney responsible for this advertising: Mr. Sris.