Chesapeake Property Settlement Lawyer — How Is Your Property Divided?
A property settlement agreement in Chesapeake, Virginia, is a legally binding contract that divides marital assets and debts under Va. Code § 20-107.3. Law Offices Of SRIS, P.C. has 6 documented case results in Chesapeake. A skilled property settlement lawyer Chesapeake can draft an agreement to avoid a contested court battle over property division. Our firm provides 24/7 phone consultations.
Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly
In Virginia, a property settlement agreement (often called a separation agreement) is the primary tool for dividing marital property without a judge’s order. It is governed by Virginia’s equitable distribution statute, Va. Code § 20-107.3. This law requires a fair, but not necessarily equal, division of all marital property acquired during the marriage. Separate property, such as assets owned before marriage or received by gift or inheritance, is typically excluded. The agreement must be in writing, signed by both parties, and notarized to be enforceable. Once incorporated into a final divorce decree, it has the full force of a court order.
- Gather complete financial documentation for all assets and debts.
- Negotiate the division of property and debts with the assistance of counsel.
- Draft a full property settlement agreement.
- Execute the agreement before a notary public.
- File for divorce and submit the agreement to the court for incorporation.
For official Virginia law, see Va. Code § 20-107.3 (official Virginia General Assembly). For local court procedures, visit the Chesapeake Circuit Court website.
In Chesapeake, property division under equitable distribution aims for a fair, court-approved split of marital assets and debts, guided by 11 statutory factors.
| Issue | Legal Standard | Process |
|---|---|---|
| Marital Property | All property acquired during marriage | Subject to equitable division |
| Separate Property | Pre-marital assets, gifts, inheritances | Typically retained by owning spouse |
| Division Standard | Equitable (fair), not necessarily 50/50 | Court considers 11 factors under § 20-107.3 |
| Agreement Enforcement | Contract law & court decree | Breach can lead to contempt proceedings |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to family law matters. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our firm unique insight into property division law. Our settlement agreement lawyer Chesapeake team understands the local court’s expectations for these critical documents.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Our firm has 6 documented case results in Chesapeake across all practice areas. Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides oversight on complex financial divisions. His personal amendment of Va. Code § 20-107.3 demonstrates deep legislative knowledge of equitable distribution.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients with matters at Chesapeake courts. We are accessible via I-64 and other major highways. As a property settlement lawyer near Chesapeake, we serve the communities of Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
Property Settlement & Division FAQs in Chesapeake
What is a property settlement agreement in Virginia?
Yes. It is a legally binding contract between spouses that divides marital property and debts, resolves spousal support, and can address other issues. It is governed by Va. Code § 20-107.3 and, when signed and notarized, can be incorporated into your final divorce decree by the Chesapeake Circuit Court.
Can a property settlement agreement be changed after divorce?
It depends. The agreement itself is a contract, so modifications typically require mutual consent. However, provisions for child support or custody can be modified by the court based on a material change in circumstances. Alimony terms may also be modifiable unless the agreement explicitly states they are non-modifiable.
What happens if my spouse violates the property settlement agreement?
You can file a motion for contempt or a breach of contract lawsuit in Chesapeake Circuit Court. Because the agreement is a court order once incorporated into the divorce decree, the violating party can face penalties, including paying your attorney’s fees and costs for enforcement.
Do I need a lawyer to create a property settlement agreement?
Yes. While not legally required, having independent legal counsel is strongly advised. A dispute resolution lawyer Chesapeake can ensure your rights are protected, the agreement is fair and enforceable, and all assets and debts are properly disclosed and addressed under Virginia law.
How is a business divided in a Virginia divorce?
The business interest acquired during the marriage is marital property. Valuation often requires a forensic accountant. The court can award the business to one spouse with an offsetting award of other assets to the other, order a sale, or craft another equitable solution under the factors in Va. Code § 20-107.3.
For more information, see our Virginia Family Law hub page. We also assist clients in Henrico County and with Chesapeake criminal defense matters.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.