A contested divorce in Lexington involves unresolved issues like property division or custody under Va. Code § 20-107.3, requiring trial representation. Law Offices Of SRIS, P.C. has 14 documented case results in Lexington. A Contested Divorce Lawyer Lexington provides the trial advocacy needed to protect your rights.
Last verified: April 2026 | Lexington General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily 50/50. Under Va. Code § 20-107.3 — personally amended by Mr. Sris — the court considers 11 factors to determine a fair division. A contested divorce occurs when spouses cannot agree on key terms, requiring the court to decide issues such as property division, spousal support, child custody, or child support. The contested divorce process lawyer Lexington guides you through each stage, from filing the complaint to trial or settlement.
For contested divorces specifically, the primary statute governing the process is Va. Code § 20-91, which establishes the grounds for divorce, and Va. Code § 20-107.3 for equitable distribution. A contested divorce requires one spouse to prove grounds — either fault-based (adultery, cruelty, desertion for 1 year, felony conviction with 1+ year imprisonment) or no-fault (6-month separation if no minor children with signed agreement, or 1-year separation with minor children). The court then resolves all disputed issues at trial.
Review the official statutes: Va. Code § 20-91 (divorce grounds) (official Virginia General Assembly) and Va. Code § 20-107.3 (equitable distribution) (official Virginia General Assembly). Court information is available at the Lexington General District Court website.
In Lexington Circuit Court, contested divorces follow a structured timeline. The court requires a pendente lite hearing for temporary support and custody within 21-60 days of filing. A property settlement agreement can resolve all issues without trial, but if negotiations fail, the case proceeds to a final hearing where the court decides all disputed matters.
- File a complaint for divorce at Lexington Circuit Court (2 South Main Street, Lexington, VA 24450). Filing fee: approximately $86.
- Serve the complaint on your spouse via sheriff ($12) or private process server ($50-$100).
- File a pendente lite motion for temporary support, custody, or exclusive use of the marital home.
- Attend mediation to attempt settlement. Mediation costs $100-$300/hour per party.
- If no settlement, proceed to trial. The court issues a final decree resolving all issues.
In Lexington, a contested divorce involves no criminal penalties but carries significant financial and emotional costs. The court divides marital property equitably under Va. Code § 20-107.3.
| Issue | Classification | Court Decision | Cost Impact | Timeline | Additional Consequences |
|---|---|---|---|---|---|
| Equitable Distribution | Civil | Court divides marital property | Attorney fees, experienced fees | 9-18 months | Business valuation, retirement account division |
| Child Custody | Civil | Best interests of child | Guardian ad Litem ($500-$2,500+) | 9-18 months | Parenting plan, visitation schedule |
| Spousal Support | Civil | 13 statutory factors | Ongoing payments | 9-18 months | Modification possible upon change in circumstances |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has documented 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the Virginia equitable distribution statute — a rare achievement that demonstrates deep knowledge of family law. The firm’s tagline is “Advocacy Without Borders.”
In Lexington, Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ 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 serves clients at Lexington courts (2 South Main Street). The Richmond office is accessible via I-81, I-64, Route 11, and Route 60.
Contested divorce lawyer near Lexington — serving Lexington, Virginia Military Institute (VMI), and Washington and Lee University areas.
Neighborhoods served: Lexington.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
How long does a contested divorce take in Lexington, Virginia?
It depends. A contested divorce in Lexington typically takes 9-18 months from filing to final decree. Complex cases involving business valuation or retirement assets can take 12-24 months. Pendente lite hearings for temporary support are set within 21-60 days.
How much does a contested divorce cost in Lexington, Virginia?
It depends. Costs include the Circuit Court filing fee (approximately $86), sheriff service ($12), private process server ($50-$100), Guardian ad Litem ($500-$2,500+), and mediation ($100-$300/hour per party). Attorney fees vary based on case complexity.
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). Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in a contested divorce in Lexington?
Custody 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; Circuit Court handles custody within divorce cases.
What are the grounds for a contested 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.
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.