In Chesapeake, Virginia, divorce follows equitable distribution under Va. Code § 20-107.3, personally amended by Mr. Sris. Law Offices Of SRIS, P.C. has 6 documented case results in Chesapeake with a 100% favorable outcome rate. Your case requires a case-specific approach to property division and custody.
Last verified: April 2026 | Chesapeake 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. The court considers 11 factors under Va. Code § 20-107.3 to determine a fair division. Separate property — assets acquired before marriage, inheritances, or gifts — is excluded from division. Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to each family law case.
For divorce proceedings in Chesapeake, the primary statute governing grounds is Va. Code § 20-91, which establishes both no-fault and fault-based grounds for divorce. No-fault divorce requires a 6-month separation if no minor children are involved and a signed separation agreement exists, or a 1-year separation if minor children are present. Fault grounds include adultery, cruelty, desertion for 1 year, and felony conviction with imprisonment for 1+ year.
Review the official statutes: Va. Code § 20-107.3 (equitable distribution) and Chesapeake General District Court website.
Chesapeake Circuit Court handles all divorce, equitable distribution, and spousal support matters. Chesapeake 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. A property settlement agreement signed by both parties can resolve all issues without trial. Mediation is available but not mandatory in Virginia. Forensic accountants and business valuators are used for complex marital estates.
- File a complaint for divorce at Chesapeake Circuit Court, 307 Albemarle Drive, Chesapeake, VA 23322.
- Serve the complaint on your spouse through sheriff service ($12) or private process server ($50-$100).
- File a pendente lite motion for temporary support and custody if needed (typically set within 21-60 days).
- Attend mediation to attempt settlement on property division, custody, and support.
- If no settlement, proceed to trial for the court to decide all issues under Va. Code § 20-107.3.
- Receive final decree of divorce from the Circuit Court judge.
In Chesapeake, Virginia, divorce outcomes depend on the specific circumstances of your case, including the length of marriage, assets involved, and custody arrangements.
| Issue | Legal Standard | Timeline | Cost Factors | Court | Additional Considerations |
|---|---|---|---|---|---|
| Uncontested Divorce | No-fault, 6-month separation (no minor children) or 1-year separation (with minor children) | 2-4 months from filing to final decree | Filing fee: ~$86; service: $12-$100 | Chesapeake Circuit Court | Requires signed separation agreement |
| Contested Divorce | Equitable distribution under Va. Code § 20-107.3 | 9-18 months | Guardian ad Litem: $500-$2,500+; mediation: $100-$300/hour per party | Chesapeake Circuit Court | May require forensic accounting |
| Child Custody | Best interests of the child under Va. Code § 20-124.3 | Varies by complexity | Guardian ad Litem: $500-$2,500+ | Chesapeake J&DR Court | 10 factors considered |
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 equitable distribution statute that governs how marital property is divided in Virginia divorces. This amendment directly impacts how Chesapeake family law cases are handled. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, Owner & CEO, Managing Attorney, provides secondary oversight on complex family law cases. He personally amended Va. Code § 20-107.3 and brings over 25 years of legal experience to each case.
Law Offices Of SRIS, P.C. has 6 total documented case results in Chesapeake across all practice areas with a 100% favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond Location serves clients at Chesapeake courts (307 Albemarle Drive), accessible via I-64, I-464, I-664, Route 13, Route 17, and Route 168 (Battlefield Blvd).
Divorce lawyer near Chesapeake — serving Deep Creek, Great Bridge, Greenbrier, and all Chesapeake neighborhoods.
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 divorce take in Chesapeake, Virginia?
It depends. 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.
How much does a divorce cost in Chesapeake, Virginia?
It depends. Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Guardian ad Litem for custody: typically $500-$2,500+. Mediation: $100-$300/hour per party.
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). Chesapeake Circuit Court handles all property division. Separate property is excluded.
How is child custody decided in Chesapeake, Virginia?
Custody in Chesapeake 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. Chesapeake J&DR Court handles standalone custody. Chesapeake 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 Chesapeake 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.
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