Divorce & Family Law Attorney in Virginia Beach, Virginia
Virginia Beach Family Law Statutes
Virginia family law is 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), and § 20-124.2 (custody based on the child’s best interests). Virginia is an equitable distribution state, not a community property state, meaning marital property is divided fairly based on 11 statutory factors.
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 Title 20 (Domestic Relations). 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 at 2425 Nimmo Parkway. Virginia Beach Juvenile and Domestic Relations Court handles standalone custody, visitation, child support, and protective orders.
- File the initial complaint: File a Complaint for Divorce with the Virginia Beach Circuit Court Clerk’s Office. Pay the $86 filing fee and arrange for service of process on your spouse.
- Attend the pendente lite hearing: If temporary support or custody orders are needed, file a motion for pendente lite relief. The court typically schedules this hearing within 21-60 days.
- Complete discovery: Exchange financial disclosures, respond to interrogatories, and conduct depositions if necessary. This phase determines the marital estate’s value.
- Attempt settlement or mediation: Participate in settlement negotiations or court-ordered mediation to resolve property division, support, and custody issues without a trial.
- Proceed to trial if needed: If settlement fails, the case proceeds to trial before a Virginia Beach Circuit Court judge, who will decide all contested issues.
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; fault grounds include adultery, cruelty, desertion for 1 year, or felony conviction with imprisonment for 1+ year.
| Issue | Legal Standard | Court | Typical Timeline |
|---|---|---|---|
| Uncontested Divorce | 6-month/1-year separation | Virginia Beach Circuit Court | 2-4 months |
| Contested Divorce | Fault or no-fault grounds | Virginia Beach Circuit Court | 9-18 months |
| Child Custody | Best interests of child (10 factors) | VA Beach J&DR Court | Varies |
| Equitable Distribution | 11 statutory factors (Va. Code § 20-107.3) | Virginia Beach Circuit Court | 12-24 months if complex |
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. The firm has over 120 years of combined attorney experience. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating direct involvement in shaping 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 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 Representation in Virginia Beach
Our Richmond Location serves clients at the 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 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?
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, see our Virginia Family Law Lawyer hub page. We also serve neighboring areas including Henrico County and Chesterfield County. In Virginia Beach, we handle other matters such as criminal defense and DUI/DWI defense. Learn more about our attorneys.
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.