Divorce & Family Law Attorney in Virginia Beach, Virginia
Virginia Family Law Statutes
Virginia is an equitable distribution state, not a community property state. This means marital property is divided fairly based on 11 factors under Va. Code § 20-107.3, which was personally amended by Mr. Sris. No-fault divorce requires a 6-month separation if there are no minor children and a signed agreement, or a 1-year separation if minor children are involved. Fault grounds include adultery, cruelty, desertion for one year, or felony conviction with imprisonment for one year or more.
Last verified: March 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia family law statutes, see Va. Code Title 20, Chapter 6 (official Virginia General Assembly). For court information, visit the Virginia Beach General District Court website.
Virginia Beach Family Law Process
Virginia Beach Circuit Court handles all divorce, equitable distribution, and spousal support matters. Virginia Beach 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.
- Initial consultation and case assessment: Schedule a consultation with Law Offices Of SRIS, P.C. to review your situation, goals, and legal options. Gather financial documents, marriage certificate, and any existing agreements.
- File the appropriate pleadings: Your attorney will prepare and file the necessary complaint for divorce or other pleadings at Virginia Beach Circuit Court (2425 Nimmo Parkway, Bldg 10B). Pay the filing fee (approximately $86).
- Serve the other party: Ensure proper service of process through sheriff ($12) or private process server ($50-$100). The other party has 21 days to respond after service.
- Attend pendente lite hearings if needed: If temporary support or custody orders are needed, attend pendente lite hearings typically scheduled within 21-60 days of filing the motion.
- Complete discovery and negotiation: Exchange financial disclosures, participate in mediation if ordered ($100-$300/hour per party), and negotiate a settlement agreement covering all issues.
- Final hearing or trial: Attend the final uncontested hearing if settlement is reached, or proceed to trial before a Virginia Beach Circuit Court judge if issues remain contested.
Penalties and Consequences
In Virginia Beach, family law matters involve specific financial obligations and legal standards rather than criminal penalties. Virginia uses equitable distribution for property division and statutory guidelines for child support.
| Issue | Legal Standard | Financial Impact | Additional Consequences |
|---|---|---|---|
| Property Division | Equitable distribution (Va. Code § 20-107.3) | Fair division of marital assets and debts | Business valuation may be required |
| Child Support | Virginia guidelines based on income (Va. Code § 20-108.1) | Monthly payments based on combined gross income | Health insurance and childcare costs added |
| Spousal Support | 13 statutory factors (Va. Code § 20-107.1) | Temporary or permanent support payments | Modification possible with changed circumstances |
| Divorce Filing | No-fault after separation period | Court fees: $86+; process serving: $12-$100 | 6-month or 1-year waiting period |
Results may vary. Each case depends on unique facts and circumstances.
Firm Credentials
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 4,739+ firm-wide case results with a 93%+ favorable outcome rate. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. Our tagline is “Global advocacy. Local precision.”
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results in Virginia Beach
Law Offices Of SRIS, P.C. has 8 documented case results in Virginia Beach across all practice areas with a 100% favorable outcome rate. These results include dismissals, reductions, and favorable settlements in family law matters.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation
Our Richmond location serves clients at Virginia Beach courts (2425 Nimmo Parkway). We are a family law lawyer near Virginia Beach, accessible via I-264, I-64, Route 44 (VA Beach Expressway), Route 58, and Route 13 (Shore Drive). We serve Virginia Beach, Sandbridge, and Oceana.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Phone: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions
How long does a divorce take in Virginia Beach, Virginia?
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 Virginia Beach, 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. Additional costs include Guardian ad Litem for custody 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). Virginia Beach Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Virginia Beach, Virginia?
Custody in Virginia Beach 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. Virginia Beach J&DR Court handles standalone custody. Virginia Beach Circuit Court handles custody within divorce cases.
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 Virginia Beach Circuit Court.
Related Legal Services
For more information, see our Virginia family law lawyer hub page. We also serve nearby areas including Henrico County family law lawyer and Chesterfield County family law lawyer. In Virginia Beach, we handle other matters such as criminal defense and DUI/DWI defense. Learn more about our attorneys.
Last verified: March 2026. Information current as of March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.