Marital Settlement Agreement Lawyer Arlington County, VA
You and your spouse have worked out the terms of your divorce—asset division, spousal support, child custody, and parenting time—and you are ready to move forward. A marital settlement agreement (MSA) captures those terms in writing and, if properly drafted and executed, becomes a binding contract. When the Arlington County Circuit Court is satisfied that the agreement is fair and voluntary, it can be incorporated into your final decree of divorce. Having an experienced family law attorney review or prepare the agreement helps ensure that the document accurately reflects your understanding, addresses all necessary issues, and complies with Virginia law. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. represent clients in Arlington County marital settlement agreement matters. To discuss your situation and how we can assist, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Marital Settlement Agreement Means in Arlington County, Virginia
In Virginia, a marital settlement agreement—often called a property settlement agreement or separation agreement—is a written contract between spouses that resolves all issues arising from the marriage. Under Virginia’s equitable distribution statute, Va. Code § 20-107.3, marital property is divided fairly, but not necessarily equally, based on a list of statutory factors. A comprehensive MSA addresses the division of real and personal property, allocation of debts, spousal support (alimony), and, when children are involved, custody, visitation, and child support.
For Arlington County residents, the agreement is typically filed with the Arlington County Circuit Court, which has exclusive jurisdiction over divorce and equitable distribution matters. The court is located at 1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201 and serves the communities of Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. While the Virginia Code does not require that both parties have attorneys, a well-crafted agreement can streamline the divorce process, reduce the need for contested litigation, and provide a clear framework for moving forward. Mr. Sris and his Of Counsel are familiar with the local practices of the Seventeenth Judicial District and can guide you through the preparation of an agreement that meets the court’s expectations.
Once the MSA is signed by both parties and notarized, and after the applicable separation period has run—six months if there are no minor children and the parties have a written agreement, or one year otherwise—the agreement can be presented to the court at an uncontested divorce hearing. The judge will review the agreement to ensure that it is not unconscionable and that each party entered into it voluntarily. If the court approves, the terms become part of the final divorce decree and are enforceable as a court order.
How Mr. Sris and His Of Counsel Handle Marital Settlement Agreement Cases
When a client comes to Law Offices Of SRIS, P.C. with a marital settlement agreement, the process begins with a thorough consultation. Mr. Sris and his Of Counsel review the proposed terms and discuss the client’s goals, financial circumstances, and any areas of potential dispute. We examine whether the agreement fully identifies and classifies marital and separate property, whether it adequately provides for future contingencies such as the sale of a home or the division of retirement accounts, and whether spousal support provisions are realistic under Virginia law.
If negotiations are ongoing, we work with the client to refine the agreement. This may involve correspondence with the other party or their attorney to resolve open issues. Our aim is to reach a complete, enforceable agreement without the need for a contested trial. Because Virginia is an equitable distribution state, the division of property does not have to be equal, but it must be fair in light of the factors set out in Va. Code § 20-107.3(E). We help clients understand what a court would likely order if the matter went to trial, so that they can make informed decisions during negotiations.
Once the agreement is finalized, we prepare the necessary court pleadings and coordinate the uncontested divorce hearing in Arlington County Circuit Court. At the hearing, we present the agreement to the judge along with a corroborating witness—Virginia law requires at least one witness to confirm the grounds for divorce and the authenticity of the agreement. After the court enters the final decree incorporating the MSA, the agreement’s terms become enforceable, and either party can return to court to seek enforcement or modification of support and custody provisions if circumstances change.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings courtroom experience and a detailed understanding of the legal process to every family law matter. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised certain provisions of Virginia’s equitable distribution statute. His insight into the legislative process informs his approach to complex property settlements.
Working alongside Mr. Sris is a team of Of Counsel attorneys who also focus on family law and related practice areas. Together, the team brings collective experience in drafting marital settlement agreements that stand up to court scrutiny. The firm’s Arlington location, at 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209, is available by appointment. We serve clients throughout Arlington County, including the neighborhoods of Rosslyn, Clarendon, Ballston, Crystal City, Pentagon City, and Shirlington. Prior results do not guarantee a similar outcome. Results may vary.
Frequently Asked Questions
What is the difference between a marital settlement agreement and a separation agreement in Virginia?
A marital settlement agreement (MSA) and a separation agreement are essentially the same document under Virginia law. The terms are used interchangeably to describe a written contract that resolves all issues between spouses when they decide to live apart or divorce. The agreement may be entered into before or during a divorce proceeding, and once signed and approved by the court, it becomes a binding part of the final decree.
Do both spouses need a lawyer to prepare a marital settlement agreement?
Virginia law does not require that each party have separate legal representation. However, because an MSA waives significant rights—including the right to a full equitable distribution trial—it is wise for each party to consult with an attorney. An experienced family law attorney can explain the legal consequences of the agreement’s terms and help ensure that the agreement is not later challenged as unfair or involuntary. Mr. Sris and his Of Counsel can represent one party in drafting or reviewing a proposed agreement.
What happens if one spouse refuses to sign the marital settlement agreement?
If one spouse refuses to sign an MSA, the case cannot proceed as an uncontested divorce. The parties will need to negotiate further, attend mediation, or, if no agreement can be reached, litigate the disputed issues in Arlington County Circuit Court. The court will then decide matters such as property division, support, and custody according to the statutory factors. Having an attorney early in the process can help prevent impasse by identifying realistic settlement options.
Can a marital settlement agreement be modified after the divorce?
Certain provisions of an MSA can be modified, while others are final. Child custody, visitation, and support are always modifiable based on a material change in circumstances and the best interests of the child. Spousal support may be modified if the agreement expressly permits it or if a party demonstrates a substantial change in circumstances. Property division terms are generally final and nonmodifiable unless both parties agree in writing to a change. It is important to carefully draft the agreement to anticipate future needs.
How does the Arlington County Circuit Court review a marital settlement agreement?
At the uncontested divorce hearing, the judge reviews the agreement to ensure that it is not unconscionable, that each party entered it voluntarily, and that it adequately addresses all material issues. The court will ask questions to confirm that both parties understand the agreement and are satisfied with its terms. A corroborating witness—often a friend, family member, or paralegal—must testify to the separation period and the authenticity of the agreement. The judge then incorporates the MSA into the final decree of divorce.
Why should I hire a local Arlington County lawyer for my marital settlement agreement?
An attorney familiar with Arlington County courts understands the local procedures and the expectations of the judges who handle family law cases. The Arlington County Circuit Court sits in the Seventeenth Judicial District and has its own scheduling practices and preferences. Mr. Sris and his Of Counsel regularly appear in that court and can streamline the filing and hearing process. For guidance specific to your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Additional resources: Fairfax County Family Law Lawyer | Prince William County Family Law Lawyer | Loudoun County Family Law Lawyer | Stafford County Family Law Lawyer | Fauquier County Family Law Lawyer
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.