Divorce & Family Law Attorney in Virginia Beach, Virginia
Virginia is an equitable distribution state, not community property, meaning marital assets are divided fairly based on 11 statutory factors.
Virginia Family Law Statutes
Family law in Virginia Beach is defined by specific state codes. Va. Code § 20-91 establishes grounds for divorce, including no-fault separation periods and fault-based grounds like adultery. Va. Code § 20-107.3 (personally amended by Mr. Sris) governs equitable distribution of marital property. Va. Code § 20-124.3 outlines the best interests factors for child custody determinations. Va. Code § 20-108.1 provides the guidelines for calculating child support based on combined parental income.
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 General Assembly website (Va. Code Title 20, Chapter 6). The Virginia Beach General District Court website provides forms, filing fees, and local rules for family law proceedings.
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 District Court handles standalone custody, visitation, child support, and protective orders. Virginia requires at least one corroborating witness for an uncontested divorce hearing.
- File initial pleadings at the Virginia Beach Circuit Court clerk’s office with the required filing fee.
- Serve the other party with the complaint and summons by sheriff, private process server, or acceptance of service.
- Attend a pendente lite hearing within 21-60 days if temporary orders for support or custody are needed.
- Complete discovery including financial disclosures, interrogatories, and depositions if the case is contested.
- Participate in mediation or settlement conferences to resolve issues without a trial.
- Proceed to trial before a Virginia Beach Circuit Court judge if settlement fails.
Virginia Beach Family Law Penalties & Standards
In Virginia Beach, family law follows equitable distribution standards with no-fault divorce available after a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children).
| Issue | Legal Standard | Court | Typical Timeline | Key Factors |
|---|---|---|---|---|
| Divorce | No-fault separation or fault grounds | Virginia Beach Circuit Court | 2-24 months | Separation period, fault evidence |
| Property Division | Equitable distribution (Va. Code § 20-107.3) | Virginia Beach Circuit Court | 6-24 months | 11 statutory factors, marital vs. separate property |
| Child Custody | Best interests of child (Va. Code § 20-124.3) | Virginia Beach J&DR Court | 3-12 months | 10 statutory factors, parental involvement |
| Child Support | Virginia guidelines based on income | Virginia Beach J&DR Court | 1-3 months | Combined gross income, custody arrangement |
| Spousal Support | 13 statutory factors (Va. Code § 20-107.1) | Virginia Beach Circuit Court | 3-18 months | Marriage length, earning capacity, needs |
Results may vary based on the specific facts of each case.
Virginia Family Law Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris, who personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Our firm has over 120 years of combined legal experience and has achieved 4,739+ case results firm-wide with a 93%+ favorable outcome rate. We provide case-specific approaches to family law matters in Virginia Beach.
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 Family Law 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 track record includes 4,739+ case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Results may vary based on the specific facts of each case.
Virginia Beach Family Law Office
Our Richmond location serves clients at Virginia Beach courts, accessible via I-264, I-64, and Route 44. We are a family law lawyer near Virginia Beach Oceanfront and Naval Air Station Oceana. We serve 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). Virginia Beach Circuit Court handles all property division. 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. Circuit Court filing fee for divorce complaint: approximately $86.
Related Legal Services
For more information about family law across Virginia, visit our Virginia family law lawyer hub page. We also serve clients in nearby localities including Henrico County family law and Chesterfield County family law. In Virginia Beach, we handle other legal matters including criminal defense and DUI/DWI defense. Learn more about our attorneys’ experience.
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.