Divorce & Family Law Attorney in Virginia Beach, Virginia
Virginia Family Law Statutes
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally under Va. Code § 20-107.3. This statute, personally amended by Mr. Sris, lists 11 factors the court must consider. No-fault divorce requires a 6-month separation (no minor children with a signed agreement) or a 1-year separation (with minor children) per Va. Code § 20-91. Fault grounds include adultery, cruelty, desertion for one year, or 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 6.1 (official Virginia General Assembly). For court-specific forms and procedures, refer to the Virginia Beach General District Court website.
Virginia Beach Family Law 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.
- File the initial complaint: File a Complaint for Divorce or other family law action with the Virginia Beach Circuit Court Clerk’s Office. Pay 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. Complex cases may require business valuation experts.
- Attempt settlement or mediation: Attempt to settle the case through negotiation or mediation ($100-$300/hour per party) before trial.
- Proceed to trial if necessary: If settlement fails, proceed to a bench trial before a Virginia Beach Circuit Court judge to resolve all contested issues.
Penalties and Legal Standards
In Virginia Beach, family law matters involve specific legal standards rather than criminal penalties. Equitable distribution follows Va. Code § 20-107.3, child support uses state guidelines, and custody is based on the child’s best interests under Va. Code § 20-124.3.
| Issue | Legal Standard | Court Costs & Fees | Typical Timeline |
|---|---|---|---|
| Divorce Filing | No-fault separation or fault grounds | $86 filing fee + service fees | 2-4 months (uncontested) to 9-18 months (contested) |
| Property Division | Equitable distribution (11 factors) | Valuation experienced fees: $2,500+ | 12-24 months for complex estates |
| Child Custody | Best interests of the child (10 factors) | Guardian ad Litem: $500-$2,500+ | Varies by complexity |
| Child Support | Virginia guideline calculation | Minimal court costs for modification | Establishment at initial hearing |
| Spousal Support | 13 statutory factors (Va. Code § 20-107.1) | Motion filing fees apply | Determined at pendente lite or final hearing |
Results may vary. Each case depends on unique facts and circumstances.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our 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 Virginia family law. The firm maintains a 93%+ favorable outcome rate across 4,739+ documented case results firm-wide.
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. These results include successful property division agreements, favorable custody arrangements, and negotiated spousal support terms.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation
Our Richmond location serves clients at the Virginia Beach courts (2425 Nimmo Parkway), accessible via I-264 and I-64. As a family law lawyer near Virginia Beach, we represent clients in 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, visit our Virginia Family Law Lawyer hub page. We also serve clients in nearby localities like Henrico County and Chesterfield County. In Virginia Beach, we handle related matters including criminal defense and DUI/DWI defense. Learn more about our attorneys.
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.