Divorce & Family Law Attorney in Virginia Beach, Virginia
Virginia Beach family law matters are governed by statutes including Va. Code § 20-107.3 for equitable distribution. Law Offices Of SRIS, P.C. has 8 documented case results in Virginia Beach, providing full representation for divorce, custody, and support issues. Our firm, founded in 1997, offers a case-specific approach to handle the details of your family law case in Virginia Beach Circuit Court.
Virginia Family Law Statutes
Virginia family law is primarily codified in Title 20 of the Virginia Code. Key statutes include Va. Code § 20-91 (divorce grounds), § 20-107.3 (equitable distribution of marital property), § 20-108.1 (child support guidelines), § 20-124.2 (custody based on the child’s best interests), and § 20-107.1 (spousal support factors). Virginia is an equitable distribution state, not a community property state, meaning marital property is divided fairly based on multiple statutory factors rather than a strict 50/50 split.
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 (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 Law Process
Family law cases in Virginia Beach are heard in two courts: Virginia Beach Circuit Court handles divorce, equitable distribution, and spousal support. Virginia Beach Juvenile and Domestic Relations District Court handles standalone custody, visitation, child support, and protective orders. Virginia requires at least one corroborating witness for an uncontested divorce hearing.
- File the initial complaint: File a Complaint for Divorce or other family law action at the Virginia Beach Circuit Court Clerk’s Office, paying the $86 filing fee.
- Serve the other party: Have the complaint and summons served on your spouse by a sheriff ($12) or private process server ($50-$100).
- Attend pendente lite hearing: If temporary support or custody is needed, attend a pendente lite hearing, typically scheduled within 21-60 days of filing the motion.
- Complete discovery: Exchange financial documents and other evidence through the discovery process, which may include interrogatories, requests for production, and depositions.
- Attempt settlement or mediation: Participate in settlement negotiations or mediation ($100-$300/hour per party) to try to resolve issues without a trial.
- Proceed to trial if necessary: If settlement fails, present your case at trial before a Virginia Beach Circuit Court judge, who will issue a final order.
Penalties and Legal Standards
In Virginia Beach, family law matters involve specific legal standards: no-fault divorce requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children); fault grounds include adultery (no waiting period), cruelty, desertion for 1 year, or felony conviction with imprisonment for 1+ year.
| Issue | Legal Standard | Court | Typical Timeline | Key Factors |
|---|---|---|---|---|
| Divorce | No-fault or fault grounds | Virginia Beach Circuit Court | 2-24 months | Separation period, grounds, agreement |
| Equitable Distribution | Fair division per Va. Code § 20-107.3 | Virginia Beach Circuit Court | 9-24 months | 11 statutory factors, marital vs. separate property |
| Child Custody | Best interests of child per Va. Code § 20-124.3 | VA Beach J&DR Court or Circuit Court | 3-12 months | 10 statutory factors, parent-child relationship |
| Child Support | Virginia guidelines based on income | VA Beach J&DR Court or Circuit Court | 1-3 months | Combined gross income, custody arrangement |
| Spousal Support | 13 statutory factors per Va. Code § 20-107.1 | Virginia Beach Circuit Court | 6-18 months | Marriage length, earning capacity, needs |
Results may vary based on the specific facts of each case.
Firm Credentials
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. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating direct involvement in shaping Virginia 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
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 these matters.
Results may vary based on the specific facts of each case.
Local Representation
Our Richmond Location serves clients at 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 on family law across Virginia, visit our Virginia Family Law Lawyer hub page. We also serve clients in nearby localities including 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/DWI lawyer. Learn more about Mr. Sris or visit our Richmond office page.
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.