Divorce & Family Law Attorney in Virginia Beach, Virginia
Virginia Beach Family Law Statutes and Definitions
Virginia is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally, based on 11 factors in Va. Code § 20-107.3. Divorce requires a 6-month separation if there are no minor children and a signed agreement, or a 1-year separation otherwise. Fault grounds like adultery have no waiting period. Child custody decisions are based on the child’s best interests under Va. Code § 20-124.3.
Last verified: March 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia family law statutes, visit the Virginia Code Title 20, Chapter 6 (Domestic Relations) on the official Virginia General Assembly website. For court-specific forms and procedures, refer to the Virginia Beach General District Court website.
Virginia Beach Family Court Process
The Virginia Beach Circuit Court handles all divorce, equitable distribution, and spousal support matters. The 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 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.
- Filing the Complaint: Your attorney will file a Complaint for Divorce or other pleadings with the Virginia Beach Circuit Court clerk, paying the $86 filing fee.
- Service of Process and Response: The other party is served with the complaint. They have 21 days to file an Answer. If uncontested, a separation agreement may be signed.
- Discovery and Negotiation: Both sides exchange financial information through discovery. Your attorney negotiates for a settlement on property, support, and custody.
- Court Hearings and Final Decree: Attend any necessary hearings for temporary orders. If no settlement is reached, the case proceeds to trial. The court issues a final decree of divorce.
Penalties and Legal Standards in Virginia Beach
In Virginia Beach, family law matters involve specific legal standards: equitable distribution of property, child support based on state guidelines, and custody based on the child’s best interests.
| Matter | Legal Classification | Key Consideration | Typical Timeline |
|---|---|---|---|
| Uncontested Divorce | No-Fault | 6-month or 1-year separation required | 2-4 months |
| Contested Divorce | Fault/No-Fault | Equitable distribution & support factors | 9-18 months |
| Child Custody | Best Interests of Child | 10 statutory factors under Va. Code § 20-124.3 | Varies |
| Child Support | Guideline Calculation | Based on combined gross income | Ongoing |
Results may vary. The outcomes described are based on prior cases and do not aim for a similar result in your matter.
Firm Credentials and Local Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined attorney experience. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the state’s family law framework.
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
Virginia Beach Family Law Case Results
Law Offices Of SRIS, P.C. has 8 documented case results in Virginia Beach across all practice areas, with a 100% favorable outcome rate in family law matters handled locally.
Results may vary. Prior results do not aim for a similar outcome.
Local Virginia Beach Family Law Office
Our Richmond Location serves clients at the Virginia Beach courts (2425 Nimmo Parkway). We are a family law lawyer near Virginia Beach, serving Virginia Beach, Sandbridge, and Oceana. 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 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). 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 clients in nearby localities like Henrico County and Chesterfield County. If you need other legal assistance in Virginia Beach, consider our Virginia Beach Criminal Defense Lawyer or Virginia Beach DUI/DWI Lawyer services. Learn more about our attorneys.
Last verified: March 2026. Information is current as of the verification date. Laws change; contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.