Divorce & Family Law Attorney in Virginia Beach, Virginia
Virginia Family Law Statutes
Virginia is an equitable distribution state, meaning marital property is divided fairly, not necessarily 50/50, based on 11 factors in Va. Code § 20-107.3. No-fault divorce requires a 6-month separation if you have no minor children and a signed agreement, or a 1-year separation if you have minor children. Fault grounds include adultery, cruelty, desertion for one year, or a felony conviction with imprisonment for one year or more.
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 Virginia Code Title 20, Chapter 6 (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
Virginia Beach Circuit Court handles all divorce, equitable distribution, and spousal support matters. The 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.
- Consult with an attorney to evaluate your grounds for divorce and identify all marital assets and debts.
- File a Complaint for Divorce with the Virginia Beach Circuit Court and pay the $86 filing fee.
- Serve the complaint on your spouse and begin the mandatory separation period if filing no-fault.
- Engage in discovery, which may include business valuations or forensic accounting for complex estates.
- Attempt mediation or negotiation to reach a property settlement and parenting agreement.
- Attend a final hearing where the judge reviews agreements and enters the final decree of divorce.
Penalties and Legal Standards
In Virginia Beach, divorce does not carry criminal penalties, but financial and custodial outcomes are determined by equitable distribution and the best interests of the child.
| Issue | Legal Standard | Court | Key Factors |
|---|---|---|---|
| Property Division | Equitable Distribution (Va. Code § 20-107.3) | Circuit Court | 11 statutory factors, contributions, debts |
| Child Custody | Best Interests of the Child (Va. Code § 20-124.3) | J&DR or Circuit | 10 factors, child’s relationship, parental role |
| Child Support | Virginia Guidelines (Va. Code § 20-108.1) | J&DR or Circuit | Combined gross income, custody time, healthcare |
| Spousal Support | 13 Statutory Factors (Va. Code § 20-107.1) | Circuit Court | Length of marriage, standard of living, earning capacity |
Results may vary. The outcomes described are based on prior cases and do not aim for a similar result in your matter.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm’s attorneys have over 120 years of combined legal experience. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the development of state family law.
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 Case Experience
Law Offices Of SRIS, P.C. has 8 total documented case results in Virginia Beach across all practice areas, with a 100% favorable outcome rate for family law matters handled.
Results may vary. Prior results do not aim for a similar outcome.
Local Family Law Representation
Our Richmond location serves clients at the Virginia Beach courts, accessible via I-264, I-64, and Route 44. We are a family law lawyer near Virginia Beach, serving the Virginia Beach, Sandbridge, and Oceana communities. 24/7 phone consultations — (888) 437-7747 — 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?
An 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. Temporary support hearings are usually set within 21-60 days of filing a motion.
How much does a divorce cost in Virginia Beach, Virginia?
The Circuit Court filing fee is approximately $86. Additional costs include service of process ($12-$100), Guardian ad Litem fees 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 based on 11 factors under Va. Code § 20-107.3, not necessarily 50/50. Separate property, like pre-marriage assets or inheritances, is excluded from division.
How is child custody decided in Virginia Beach, Virginia?
Custody is based on the child’s best interests under Va. Code § 20-124.3. The court considers 10 factors, including each parent’s role in the child’s life, the child’s relationship with each parent, and any history of family abuse.
What are the grounds for divorce in Virginia?
No-fault grounds require a 6-month separation (no minor children and a signed agreement) or a 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion for one year, or a felony conviction with imprisonment for one year or more.
Related Legal Information
For more information, visit 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 services in Virginia Beach, consider our Virginia Beach criminal defense lawyer or Virginia Beach DUI lawyer. Learn more about Mr. Sris or our Richmond office location.
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.