In Lexington, Virginia divorce follows equitable distribution under Va. Code § 20-107.3, requiring a 6-month or 1-year separation. Law Offices Of SRIS, P.C. has 14 documented case results in Lexington. Mr. Sris personally amended the equitable distribution statute. Consultation by appointment.
Virginia family law governs divorce, custody, support, and property division through a series of state statutes. The primary grounds for divorce are found in Va. Code § 20-91, which allows no-fault divorce after a 6-month separation (no minor children with a signed separation agreement) or a 1-year separation (with minor children). Fault-based grounds include adultery, cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. Virginia is an equitable distribution state under Va. Code § 20-107.3, meaning marital property is divided fairly but not necessarily equally. Mr. Sris personally amended this statute, a rare achievement that demonstrates deep knowledge of Virginia family law. Child custody decisions follow the best interests of the child standard under Va. Code § 20-124.3, which considers ten factors including each parent’s role and the child’s relationship with each parent. Child support is calculated using Virginia’s guidelines based on combined gross income. Spousal support is determined by 13 statutory factors under Va. Code § 20-107.1.
Last verified: April 2026 | Lexington General District Court | Va. Code Title 20 (official Virginia General Assembly)
For the complete text of Virginia’s divorce and family law statutes, visit the Virginia General Assembly legislative information system. For court procedures, filing requirements, and local rules, consult the Lexington General District Court website.
Lexington Circuit Court handles all divorce, equitable distribution, and spousal support matters. Lexington Juvenile and Domestic Relations Court handles standalone custody, visitation, child support, and protective orders. Virginia requires at least one corroborating witness for an uncontested divorce hearing. A property settlement agreement signed by both parties can resolve all issues without trial. Mediation is available but not mandatory in Virginia. Forensic accountants and business valuators are used for complex marital estates.
- File a complaint for divorce at Lexington Circuit Court, 2 South Main Street, Lexington, VA 24450. Filing fee is approximately $86.
- Serve the complaint on your spouse through sheriff service (approximately $12) or a private process server ($50-$100).
- File a pendente lite motion if you need temporary support, custody, or use of the marital home. Hearings are typically set within 21-60 days.
- Attend mediation if ordered by the court or agreed upon by both parties. Mediation costs $100-$300 per hour per party.
- Participate in the final hearing where the court enters the final divorce decree. Uncontested cases take 2-4 months; contested cases take 9-18 months.
In Lexington, Virginia family law matters involve equitable distribution of marital property, child support calculated by state guidelines, and spousal support based on 13 statutory factors.
| Issue | Legal Standard | Timeline | Cost Range | Key Factors | Additional Considerations |
|---|---|---|---|---|---|
| Uncontested Divorce | No-fault; 6-month separation (no minor children) or 1-year separation (with minor children) | 2-4 months from filing | $86 filing fee + $12 sheriff service | Signed separation agreement required | Corroborating witness required at hearing |
| Contested Divorce | Equitable distribution under Va. Code § 20-107.3 | 9-18 months | $86 filing fee + attorney fees + experienced costs | 11 factors for property division | Business valuation may be needed |
| Child Custody | Best interests of the child under Va. Code § 20-124.3 | Varies; pendente lite hearing within 21-60 days | Guardian ad Litem: $500-$2,500+ | 10 factors including parent roles and child’s relationship | Standalone custody in J&DR Court |
| Child Support | Virginia guidelines based on combined gross income | Ongoing until child emancipates | Varies by income | Both parents’ income, custody time, healthcare costs | Modification available for changed circumstances |
| Spousal Support | 13 statutory factors under Va. Code § 20-107.1 | Duration varies; modifiable | Varies by income and need | Length of marriage, standard of living, earning capacity | Tax treatment changed under federal law |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience and has documented 4,739+ case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in all Virginia divorces. This is a rare achievement that no other family law attorney in Virginia can claim. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, the firm’s founder and managing attorney, also handles complex family law matters. He is a former prosecutor with bar admissions in VA, MD, DC, NJ, and NY. His personal amendment of Va. Code § 20-107.3 provides clients with an unmatched understanding of Virginia’s equitable distribution law.
Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington, with a 100% favorable outcome rate. These results include dismissals, reductions, and favorable settlements. Firm-wide, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location is accessible from Lexington via I-81 and I-64, approximately 90 minutes southeast. The Lexington courts are located at 2 South Main Street, Lexington, VA 24450, near Virginia Military Institute and Washington and Lee University.
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How long does a divorce take in Lexington, Virginia?
It depends. 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. Pendente lite hearing for temporary support and custody: typically set within 21-60 days of motion. Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault.
How much does a divorce cost in Lexington, Virginia?
It depends. 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 may include forensic accountants for complex property division.
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.
How is child custody decided in Lexington, Virginia?
It depends. Custody in Lexington is based on the best 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.
What are the grounds for divorce in Virginia?
It depends. 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. Circuit Court filing fee for divorce complaint: approximately $86.
For more information about family law across Virginia, visit our Virginia Family Law Lawyer hub page. If you are in a nearby locality, see our pages for Henrico County divorce lawyer or Chesterfield County divorce lawyer. For other legal needs in Lexington, consider our Lexington criminal defense lawyer or Lexington DUI lawyer.
Learn more about our attorneys: Bryan Block.
Visit our Richmond office location.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Lexington cases follow the same route as the rest of the state, and our page on interstate custody in Virginia explains each stage.