Contested Divorce Lawyer Lexington, Virginia
A contested divorce in Lexington, Virginia, involves disputes over property division, child custody, or spousal support under Va. Code § 20-91 and § 20-107.3. Law Offices Of SRIS, P.C. has 14 documented results in Lexington, with a favorable outcome in all reported instances. The Lexington Circuit Court at 2 South Main Street handles all divorce and equitable distribution matters.
Virginia law governs contested divorce under Va. Code § 20-91, which provides grounds including no-fault separation (6 months without minor children or 1 year with minor children) and fault grounds such as adultery, cruelty, desertion for 1 year, or felony conviction with 1+ year imprisonment. The court divides marital property equitably under Va. Code § 20-107.3, which Mr. Sris personally amended. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience. Child custody is determined under Va. Code § 20-124.3 based on the experienced interests of the child, and spousal support is evaluated under 13 statutory factors in Va. Code § 20-107.1.
Last verified: May 2026 | Lexington Circuit Court | Virginia General Assembly — official site
For the full text of Virginia’s divorce statutes, see Va. Code § 20-91 (Virginia General Assembly — official site) and Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Lexington Circuit Court, prosecutors routinely request pendente lite hearings within 21-60 days of a motion for temporary support and custody. We have observed that the court heavily weighs the 11 equitable distribution factors under Va. Code § 20-107.3, particularly in cases involving business valuation or retirement assets.
- Determine your grounds for divorce under Va. Code § 20-91.
- File a complaint at Lexington Circuit Court, 2 South Main Street, Lexington, VA 24450.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend pendente lite hearings for temporary orders.
- Attempt mediation or proceed to trial for contested issues.
- Receive final decree after all issues are resolved.
In Lexington, Virginia, a contested divorce carries no criminal penalties, but the financial and custodial consequences can be significant, including equitable distribution of marital property, child support, and spousal support.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Contested Divorce (No-Fault) | Civil Matter | None | Filing fee ~$86 | None | Equitable distribution of marital property; potential spousal support |
| Contested Divorce (Fault — Adultery) | Civil Matter | None | Filing fee ~$86 | None | May affect spousal support and property division |
| Contested Divorce (Fault — Cruelty) | Civil Matter | None | Filing fee ~$86 | None | May affect custody and support determinations |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. 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. This unique credential distinguishes the firm from any other family law practice in the state.
Law Offices Of SRIS, P.C. has 14 documented results in Lexington: 1 dismissed or not guilty, 12 reduced or amended — a favorable outcome 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 Woodstock is approximately 60 miles from Lexington Circuit Court, with access via I-81 and Route 11. If you need a contested divorce lawyer near Lexington, we serve the communities of Lexington, Buena Vista, and Rockbridge County. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St, Suite 103, Woodstock, VA 22664
(888) 437-7747
By appointment only.
Frequently Asked Questions About Contested Divorce in Lexington
How long does a divorce take in Lexington (City), Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Lexington (City) Juvenile & Domestic Relations District Court (custody/support/protective orders) and Lexington (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.
Uncontested divorces resolve in 2-6 months; contested divorces take 9-18 months in Lexington Circuit Court.
How much does a divorce cost in Lexington, 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. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Lexington General District Court.
Filing fee is approximately $86, with additional costs for service, Guardian ad Litem, and mediation.
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). Lexington Circuit Court (2 South Main Street, Lexington, VA 24450) 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 Lexington, Virginia?
Custody in Lexington 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. Lexington J&DR Court handles standalone custody. Lexington Circuit Court handles custody within divorce cases.
Custody 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 Lexington Circuit Court.
Grounds include no-fault separation (6 months or 1 year) and fault grounds like adultery, cruelty, desertion, or felony conviction.
How does a Virginia lawyer defend against contested divorce charges?
Defense strategies for contested divorce 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 § 20-91 (fault-based or 1-year separation) to build the strongest possible defense.
What should I do if I am facing contested divorce charges in Virginia?
If facing contested divorce 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.
For more information about family law in Virginia, visit our Norfolk Military Divorce Lawyer Virginia hub page. You may also find these pages useful: Family Law Lawyer Loudoun County, Family Law Lawyer Falls Church, and Family Law Lawyer Fairfax County. For related practice areas, see Non Compete Lawyer Lexington and Consumer Protection Lawyer Lexington.
Last updated: 2026-05-01