Divorce & Family Law Attorney in Virginia Beach, Virginia
Virginia is an equitable distribution state, not a community property state. This means marital property is divided fairly based on 11 statutory factors, not necessarily 50/50.
Virginia Beach Family Law Statutes and Definitions
Family law in Virginia Beach is governed by the Virginia Code. Key statutes include Va. Code § 20-91 (grounds for divorce), § 20-107.3 (equitable distribution of marital property), § 20-124.3 (child custody best interests), and § 20-108.1 (child support guidelines). Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute.
Last verified: March 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia family law statutes, visit the Virginia Code Title 20 (Domestic Relations) on law.lis.virginia.gov. For court-specific forms and procedures, refer to the Virginia Beach General District Court website at vacourts.gov.
Virginia Beach Family Court Process
Virginia Beach Circuit Court handles all divorce, equitable distribution, and spousal support matters. 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.
- Initial Consultation and Document Gathering: Schedule a consultation with Law Offices Of SRIS, P.C. to discuss your situation. Gather financial documents, marriage certificate, and any existing agreements.
- Filing the Complaint: Your attorney will prepare and file a complaint for divorce or other relief at the Virginia Beach Circuit Court clerk’s office, paying the $86 filing fee.
- Service of Process and Response: The complaint is served on the other party, who has 21 days to file an answer. If uncontested, a separation agreement may be submitted.
- Discovery and Negotiation: Both sides exchange financial information through discovery. Your attorney negotiates for a settlement on property division, support, and custody.
- Court Hearings and Final Decree: Attend any required hearings for temporary orders. If no settlement is reached, the case proceeds to trial. The court issues a final decree of divorce.
Penalties, Costs, and Legal Standards
In Virginia Beach, divorce requires a 6-month separation (no minor children with a signed agreement) or a 1-year separation (with minor children) for no-fault grounds. Fault grounds like adultery have no waiting period.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Contempt of Court (Failure to obey order) | Civil / Criminal | Up to 10 days jail | Up to $250 | Attorney’s fees awarded to other party |
| Failure to Pay Child Support | Civil Contempt | Possible jail until purge | N/A | License suspension, tax refund interception |
Results may vary. The outcomes described are not guarantees.
Firm Credentials and Authority
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. This direct involvement in shaping Virginia family law provides a distinct advantage in complex property division cases.
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 Virginia Beach Family Law Office
Our Richmond location serves clients at the Virginia Beach courts (2425 Nimmo Parkway). We are accessible via I-264, I-64, and Route 44. As a family law lawyer near Virginia Beach Oceanfront, we serve 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, visit our Virginia Family Law Lawyer hub page. We also serve neighboring areas like Henrico County and Chesterfield County. If you need other legal services in Virginia Beach, consider our criminal defense or DUI defense attorneys. Learn more about our attorneys.
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.