Divorce & Family Law Attorney in Chesapeake, Virginia
In Chesapeake, Virginia, divorce is governed by 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. A no-fault divorce requires a 6-month or 1-year separation.
Last verified: April 2026 | Chesapeake General District Court | Va. Code § 20-91 (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, which Mr. Sris personally amended. Separate property—assets acquired before marriage, inheritances, or gifts—is excluded from division. No-fault divorce is available after a 6-month separation if there are no minor children and a signed separation agreement exists, or after 1 year if minor children are involved. Fault grounds include adultery, cruelty, desertion for 1 year, and felony conviction with imprisonment for 1+ year. Founded in 1997, Mr. Sris brings former prosecutor insight to every family law case.
Divorce in Virginia is specifically governed by Va. Code § 20-91 (divorce grounds) and Va. Code § 20-107.3 (equitable distribution). The term “divorce” refers to the legal dissolution of a marriage, which in Virginia can be granted on no-fault or fault grounds. The court has broad discretion to divide marital assets and debts equitably, considering each spouse’s contributions, economic circumstances, and other statutory factors.
For official information, consult the Virginia Code § 20-91 (divorce grounds) on the Virginia General Assembly website and the Chesapeake General District Court website for local court procedures and filing requirements.
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 (separation 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. The Circuit Court at 307 Albemarle Drive, Chesapeake, VA 23322 handles Chesapeake family law matters.
- File a complaint for divorce at Chesapeake Circuit Court (307 Albemarle Drive) with the required filing fee of approximately $86.
- Serve the complaint on your spouse via sheriff service (approximately $12) or private process server ($50-$100).
- File a pendente lite motion if temporary support or custody is needed; hearings are typically set within 21-60 days.
- Attend mediation if ordered by the court; mediation costs $100-$300 per hour per party.
- If a Guardian ad Litem is appointed for custody, expect costs of $500-$2,500+.
- Attend the final hearing with a corroborating witness to obtain the final decree of divorce.
In Chesapeake, Virginia, divorce carries no criminal penalty but involves court costs and legal fees. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| No-fault divorce (6-month separation, no minor children) | Civil proceeding | None | Filing fee: ~$86 | None | Property division, spousal support |
| No-fault divorce (1-year separation, with minor children) | Civil proceeding | None | Filing fee: ~$86 | None | Child custody, support, property division |
| Fault divorce (adultery, cruelty, desertion) | Civil proceeding | None | Filing fee: ~$86 | None | May affect spousal support, property division |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience and has documented 4,739+ case results firm-wide across VA, MD, NJ, NY, and DC, with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, a unique achievement that demonstrates deep knowledge of Virginia family law. The firm’s tagline, “Advocacy Without Borders,” reflects its commitment to clients across multiple states and jurisdictions.
Law Offices Of SRIS, P.C. has 6 total documented case results in Chesapeake across all practice areas, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Distance: Our Richmond location serves clients at Chesapeake courts (307 Albemarle Drive).
Near-me: Family law lawyer near Chesapeake, Virginia.
Neighborhoods served: Chesapeake, Deep Creek, Great Bridge, Greenbrier.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
NAP: Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Q: How long does a divorce take in Chesapeake, Virginia?
Yes. 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. Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault.
Q: 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; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party.
Q: 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 (307 Albemarle Drive, Chesapeake, VA 23322) handles all property division.
Q: How is child custody decided in Chesapeake, Virginia?
It depends. 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.
Q: 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.
Internal Links:
- Virginia Family Law Lawyer
- Henrico County Family Law Lawyer
- Chesterfield County Family Law Lawyer
- Chesapeake Criminal Defense Lawyer
- Chesapeake DUI/DWI Lawyer
- Samantha Powers Attorney Profile
- Richmond Office Location
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.