Marital Settlement Agreement Lawyer Virginia Beach, VA
When a marriage ends, a marital settlement agreement allows spouses in Virginia Beach to resolve property division, support, and other matters outside of litigation. A carefully drafted agreement reduces uncertainty, keeps control in the parties’ hands, and moves the divorce forward on a defined path. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel work with clients throughout Virginia Beach, Sandbridge, and Oceana to negotiate and draft marital settlement agreements that reflect each client’s priorities. The firm was founded in 1997 and practices across five jurisdictions. To request a consultation about a marital settlement agreement in Virginia Beach, reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Marital Settlement Agreements Mean in Virginia Beach
In Virginia, a marital settlement agreement—also called a property settlement agreement or separation agreement—is a written contract between spouses that resolves the financial and property-related incidents of a marriage. Governed by Va. Code § 20‑109, the agreement addresses equitable distribution of marital assets and debts, spousal support, and, when the parties have minor children, child custody, visitation, and child support. Once signed and incorporated into a final decree of divorce, the agreement becomes an enforceable court order.
Virginia Beach residents file their divorce complaints in the Virginia Beach Circuit Court, which has exclusive jurisdiction over dissolution of marriage and equitable distribution. The Virginia Beach Juvenile and Domestic Relations District Court handles separate custody, visitation, and child support proceedings when no divorce is pending. Whether the agreement is submitted in an uncontested divorce or used to narrow the issues in a contested case, the same substantive Virginia law applies. The Virginia Beach courts will not renegotiate the terms; they will evaluate whether the agreement is fair and was entered voluntarily.
How Mr. Sris and His Of Counsel Handle Marital Settlement Agreement Cases
Mr. Sris and his Of Counsel approach each marital settlement agreement by first understanding the client’s complete financial picture and family goals. They identify all marital and separate property, assess tax and support implications, and advise on the statutory factors a Virginia court would consider under Va. Code § 20‑107.3. By framing the negotiation against the equitable-distribution factors—including the length of the marriage, contributions of each spouse, and the monetary and non‑monetary contributions of each party—the team positions the client to reach an agreement that a judge is likely to approve.
After the parties reach an understanding, Mr. Sris and his Of Counsel draft the agreement with precise language that addresses classification of assets, division of retirement accounts and QDROs where needed, spousal support terms, and any corollary child‑related provisions. They explain each section so the client can make informed decisions. If the other side is represented, they handle communication and document exchange. Throughout the process, the team remains accessible, and consultation is by appointment. The firm does not guarantee an outcome, but Mr. Sris and his Of Counsel draw on extensive experience in Virginia family law matters to work toward a resolution that protects the client’s long‑term interests.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since founding the firm in 1997. He is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His experience includes testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris leads a team of Of Counsel attorneys who collectively concentrate on family law matters throughout Virginia. The team structure ensures that every marital settlement agreement matter benefits from collective insight and thorough preparation, while the client receives individual case review from Mr. Sris and his Of Counsel.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. For complex marital estates involving business valuations, stock options, retirement portfolios, or international assets, the team works with forensic accountants and other professionals to obtain an accurate picture of the marital estate and to negotiate terms that reflect the true value of the assets. The firm’s Virginia clients are served from the Richmond Location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, with consultations available by appointment. To schedule a consultation, call (888) 437‑7747.
Frequently Asked Questions
What is a marital settlement agreement in Virginia?
A marital settlement agreement is a written contract between spouses that resolves all terms of their divorce, including property division, spousal support, and, when applicable, child custody and support. Under Va. Code § 20‑109, the agreement may be incorporated into the final divorce decree and enforced as a court order. The agreement must be signed voluntarily by both parties and is subject to court review for fairness. In Virginia Beach, the agreement is typically submitted to the Virginia Beach Circuit Court as part of an uncontested or negotiated divorce case.
Can a marital settlement agreement be modified later?
While property‑division terms in a marital settlement agreement are generally final and not modifiable, provisions for child custody, visitation, and child support may be modified if there has been a material change in circumstances and the modification serves the best interests of the child. Spousal support terms may be modifiable only if the agreement or court order expressly reserves the right to modify. A Virginia Beach family law attorney can review an existing agreement and advise whether modification is legally possible in a specific situation. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Do I need a lawyer to draft a marital settlement agreement?
Virginia law does not require a lawyer to draft a marital settlement agreement, but the stakes are high. An agreement that fails to address tax consequences, retirement‑account valuation, or hidden assets can cause lasting financial harm. Each party should have independent legal counsel to ensure the terms are fair and the document is enforceable. Mr. Sris and his Of Counsel can draft or review a proposed agreement to protect a client’s rights. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
How does a court enforce a marital settlement agreement in Virginia Beach?
If one party fails to comply with a marital settlement agreement that has been incorporated into a divorce decree, the other party may file a petition for enforcement with the Virginia Beach Circuit Court. The court can hold the non‑compliant party in contempt, enter judgment for unpaid support, or impose other remedies authorized by Virginia law. Timely enforcement is important because the passage of time may affect the amount of arrears or the availability of certain relief. An attorney can help assess the enforceability of the agreement and recommend the appropriate procedural steps.
What if my spouse refuses to sign a marital settlement agreement?
A marital settlement agreement is a voluntary contract; a court cannot force a spouse to sign. If negotiations break down, the unresolved issues must be presented to a judge in a contested divorce hearing. In Virginia Beach, the Circuit Court has the authority to equitably distribute property, award spousal support, and decide child‑related matters after a trial. The litigation process is often longer and more expensive than a negotiated agreement. Mr. Sris and his Of Counsel can continue to negotiate throughout the pendency of the case and are prepared to litigate those issues that cannot be settled.
What issues should a marital settlement agreement address?
A comprehensive marital settlement agreement should cover the classification and division of all marital property and debts, the amount and duration of spousal support, and the grounds for modifying or terminating support. If the parties have minor children, the agreement should also set forth a custody and visitation schedule, child support calculations consistent with Virginia guidelines, and provisions for educational and medical expenses. The agreement typically includes a statement that each party entered it freely and had the opportunity to consult independent counsel. Every provision is drafted in light of Virginia statutory law, including Va. Code §§ 20‑91, 20‑107.3, and 20‑108.1.
Other family law pages:
Fairfax County Family Law ·
Fairfax City Family Law ·
Falls Church Family Law.
See also our Virginia family law practice.
Primary sources:
Virginia Code Title 20 ·
Virginia Judicial System ·
Va. Code § 20‑109 ·
Va. Code § 20‑107.3.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.