Divorce & Family Law Attorney in New Kent County, Virginia
In New Kent County, divorce requires a 6-month separation without minor children or a 1-year separation with children for no-fault grounds. Fault grounds include adultery, cruelty, and desertion.
Virginia Family Law Statutes
Virginia family law is governed by specific statutes. Va. Code § 20-91 establishes grounds for divorce, including no-fault separation periods and fault-based grounds like adultery. Va. Code § 20-107.3, the equitable distribution statute personally amended by Mr. Sris, governs how marital property is divided fairly—not necessarily equally—based on 11 statutory factors. Child custody determinations follow the “best interests of the child” standard outlined in Va. Code § 20-124.3, which lists ten factors for the court to consider. Child support is calculated using the Virginia guidelines under Va. Code § 20-108.1, based on the parents’ combined gross income and the number of children.
Last verified: March 2026 | New Kent County General District Court | Virginia General Assembly Code
Official Legal Resources
For the most current information, refer to these official government sources:
- Va. Code Title 20, Chapter 6 (Divorce and Annulment) – Official Virginia statute from the state legislature.
- New Kent County General District Court Website – Official court website for local procedures and contact information.
New Kent County Family Court Process
Family law matters in New Kent County are split between two courts. The New Kent County Circuit Court at 12001 Courthouse Circle handles all divorce, equitable distribution, and spousal support cases. The New Kent County Juvenile and Domestic Relations District Court handles standalone matters of custody, visitation, child support, and protective orders. Virginia law requires at least one corroborating witness for an uncontested divorce hearing.
- Initial Consultation and Document Gathering: Schedule a consultation with Law Offices Of SRIS, P.C. to discuss your situation. Gather financial documents, marriage certificate, and any existing agreements.
- File the Complaint: Your attorney files the divorce complaint with the New Kent County Circuit Court clerk, paying the $86 filing fee and arranging for service of process.
- Attend Pendente Lite Hearing if Needed: If temporary support or custody orders are needed, attend a pendente lite hearing typically scheduled within 21-60 days of filing the motion.
- Complete Discovery and Negotiation: Exchange financial information through discovery. Negotiate a settlement agreement covering property division, support, and custody if possible.
- Attend Final Hearing or Trial: For uncontested cases, attend a brief final hearing. For contested matters, prepare for trial where a judge decides unresolved issues.
Family Law Penalties and Procedures in New Kent County
In New Kent County, family law involves specific procedures and potential financial obligations rather than criminal penalties. The process is governed by equitable distribution and the best interests of the child.
| Legal Matter | Classification | Timeline | Typical Costs | Key Consideration |
|---|---|---|---|---|
| Uncontested Divorce | No-Fault (Separation) | 2-4 months | $86 filing fee + service costs | Requires signed separation agreement |
| Contested Divorce | Fault or No-Fault | 9-18 months | Filing fees + attorney fees + possible experienced costs | May involve pendente lite hearings |
| Complex Asset Division | Equitable Distribution | 12-24 months | Filing fees + forensic accountant ($2,500+) | Business valuation often required |
| Child Custody Dispute | Best Interests Standard | Varies | Guardian ad Litem ($500-$2,500+) | J&DR Court has initial jurisdiction |
Results may vary. Each case depends on unique facts and circumstances.
Firm Credentials and Authority
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to every case. A key differentiator is that Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team direct insight into the legislative intent behind property division law. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We provide full representation in family law matters with a case-specific approach.
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
Documented Case Results in New Kent County
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County, maintaining a 100% favorable outcome rate for these matters. Our experience with the local courts allows us to handle the details of your family law case effectively.
Results may vary. Prior results do not aim for a similar outcome.
Local Family Law Representation
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle). We are accessible via I-64, Route 33, and Route 249. As a family law lawyer near New Kent County, we serve the communities of New Kent, Providence Forge, and Quinton. We offer 24/7 phone consultations at (888) 437-7747. Meetings are 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 New Kent County, Virginia?
Uncontested divorce with a signed separation agreement takes 2-4 months from filing to final decree. A contested divorce typically takes 9-18 months. Complex cases with business valuation can take 12-24 months. Pendente lite hearings for temporary orders are usually set within 21-60 days of the motion.
How much does a divorce cost in New Kent County, Virginia?
The Circuit Court filing fee is about $86. Service of process costs approximately $12-$100. Additional costs may include a Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300 per 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, not necessarily 50/50, under Va. Code § 20-107.3. The court considers 11 factors, including each spouse’s contributions and the marriage’s duration.
How is child custody decided in New Kent County, Virginia?
Custody is based on the child’s best interests under Va. Code § 20-124.3. The court evaluates ten factors, such as each parent’s relationship with the child and ability to provide care. Standalone custody cases go to J&DR Court; custody within divorce goes to Circuit Court.
What are the grounds for divorce in Virginia?
No-fault grounds require a 6-month separation (no minor children with agreement) or 1-year separation. Fault grounds include adultery (no wait), cruelty, desertion for one year, and felony conviction with imprisonment of one year or more.
Related Legal Resources
For more information, explore these related pages:
- Virginia Family Law Lawyer Hub – Overview of family law across Virginia.
- Henrico County Family Law Lawyer – Representation in a neighboring county.
- New Kent County Criminal Defense Lawyer – Help with related legal matters in the same area.
- Attorney Bryan Block Profile – Learn more about our Of Counsel attorney.
Last verified: March 2026. Laws and procedures can change. For the most current guidance on your New Kent County family law matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.