Divorce & Family Law Attorney in Virginia Beach, Virginia
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 under Va. Code § 20-107.3, which Mr. Sris personally amended. 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 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 complete text of Virginia family law statutes, visit the Virginia Code (law.lis.virginia.gov). For court forms and procedures, refer to the Virginia Beach General District Court website (vacourts.gov).
Virginia Beach Family Court Process
Virginia Beach Circuit Court handles all divorce, equitable distribution, and spousal support matters at 2425 Nimmo Parkway. Virginia Beach 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 with the Virginia Beach Circuit Court clerk’s office. Pay the $86 filing fee and arrange for service of process on your spouse.
- Have the sheriff ($12) or a private process server ($50-$100) deliver the complaint and summons to your spouse within 120 days of filing.
- If needed, file a pendente lite motion for temporary support, custody, or use of marital property. The court typically schedules a hearing within 21-60 days.
- Complete discovery by exchanging financial documents, answering interrogatories, and conducting depositions if the case is contested. This phase can take 3-6 months.
- Participate in mediation ($100-$300/hour per party) or settlement conferences to resolve issues without trial. Many cases settle at this stage.
- If settlement fails, the case proceeds to trial before a Virginia Beach Circuit Court judge. Trials typically last 1-3 days for contested divorces.
Virginia Beach Family Law Penalties and Standards
In Virginia Beach, family law matters follow equitable distribution principles with no-fault divorce available after 6-month or 1-year separation periods.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Contempt of Court | Civil or Criminal | Up to 10 days | Up to $250 | Attorney fees, enforcement actions |
| Failure to Pay Child Support | Civil Contempt | Up to 12 months | Arrears + interest | License suspension, tax intercept |
| Violation of Protective Order | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Additional protective orders |
Results may vary. The outcomes described depend on the specific facts of each case.
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, giving our firm 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
Virginia Beach Case Results
Law Offices Of SRIS, P.C. has 8 documented case results in Virginia Beach across all practice areas with a 100% favorable outcome rate. Our firm-wide experience includes 4,739+ case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and Washington DC.
Results may vary. Prior results do not aim for a similar outcome.
Local Virginia Beach Representation
Our Richmond location serves clients at Virginia Beach courts (2425 Nimmo Parkway), accessible via I-264, I-64, and Route 44. We are a family law lawyer near Virginia Beach, serving Virginia Beach, Sandbridge, and Oceana. 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?
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 Resources
For more information about Virginia family law, visit our Virginia Family Law Lawyer hub page. If you need representation in nearby areas, consider our Henrico County family law lawyer or Chesterfield County family law lawyer. For other legal needs in Virginia Beach, see our Virginia Beach criminal defense lawyer or Virginia Beach DUI/DWI lawyer. Learn more about our attorneys’ experience.
Last verified: March 2026. Information current as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.