Divorce & Family Law Attorney in Virginia Beach, Virginia
In Virginia Beach, divorce requires a 6-month separation with no minor children and a signed agreement, or a 1-year separation if minor children are involved. Fault grounds like adultery have no waiting period.
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 listed in Va. Code § 20-107.3, which was personally amended by Mr. Sris. Other key statutes include Va. Code § 20-124.3 for child custody (best interests of the child) and § 20-108.1 for child support guidelines. Spousal support is determined under Va. Code § 20-107.1.
Last verified: March 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s family law statutes, visit the Va. Code § 20-91 (official Virginia General Assembly). 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 at 2425 Nimmo Parkway handles all divorce, equitable distribution, and spousal support matters. Standalone custody, visitation, child support, and protective orders are handled by the Virginia Beach Juvenile and Domestic Relations Court. 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 prepare and 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 pendente lite or final hearings. For uncontested cases, a final hearing is scheduled after the separation period. The judge enters the final decree.
Penalties and Legal Standards
In Virginia Beach, family law involves specific procedures and standards rather than penalties. Virginia uses equitable distribution for property and statutory guidelines for support.
| Matter | Legal Standard / Classification | Typical Timeline | Court Costs |
|---|---|---|---|
| Divorce (Uncontested) | No-fault after separation period | 2-4 months | ~$86 filing + service fees |
| Divorce (Contested) | Fault or no-fault grounds | 9-18 months | Filing fees + discovery costs |
| Complex Asset Division | Equitable distribution (11 factors) | 12-24 months | Filing fees + experienced valuation |
| Child Custody | Best interests of the child (10 factors) | Varies | Filing fees + Guardian ad Litem ($500-$2,500+) |
Results may vary. Each case depends on unique facts and court discretion.
Firm Credentials and Authority
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. 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 for family law matters.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation in Virginia Beach
Our Richmond location serves clients at the Virginia Beach courts (2425 Nimmo Parkway), accessible via I-264 and I-64. We are a family law lawyer near Virginia Beach Oceanfront and Town Center. We serve the Virginia Beach, Sandbridge, and Oceana communities. We offer 24/7 phone consultations at (888) 437-7747, with 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 on family law across Virginia, 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 lawyer. Learn more about our attorneys.
Last verified: March 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.