Divorce & Family Law Attorney in Virginia Beach, Virginia
Virginia Beach family law matters, including divorce under Va. Code § 20-91 and equitable distribution under § 20-107.3, are handled by the Virginia Beach Circuit Court. Law Offices Of SRIS, P.C. has 8 documented case results in Virginia Beach, providing full representation for divorce, child custody, and support issues. Our Richmond location serves Virginia Beach clients by appointment.
Virginia Family Law Statutes
Virginia is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally, based on 11 factors in Va. Code § 20-107.3. Grounds for divorce include no-fault separation (6 months or 1 year) and fault-based grounds like adultery or cruelty. Child custody decisions are guided by the child’s best interests under Va. Code § 20-124.3.
Last verified: March 2026 | Virginia Beach Circuit Court | Virginia General Assembly Code
Official Legal Resources
- Va. Code Title 20, Chapter 6 (Divorce and Annulment) – Official Virginia statutes.
- Virginia Beach Circuit Court Website – Court information and forms.
Virginia Beach Family Law Process
The Virginia Beach Circuit Court at 2425 Nimmo Parkway handles all divorce and equitable distribution cases. The Juvenile and Domestic Relations District Court handles standalone custody and support matters. A signed property settlement agreement can resolve issues without a trial.
- Consultation and Document Gathering: Meet with an attorney and collect financial records, marriage certificate, and any existing agreements.
- File the Complaint: Your attorney files the Complaint for Divorce with the Virginia Beach Circuit Court clerk, paying the $86 filing fee.
- Serve the Other Party: The other spouse is served with the legal papers by sheriff ($12) or private process server ($50-$100).
- Pendente Lite Hearing: If temporary orders for support or custody are needed, a hearing is typically scheduled within 21-60 days.
- Settlement or Trial: Engage in settlement discussions, which may involve mediation. If no agreement is reached, the case proceeds to trial.
Virginia Beach Divorce Penalties and Standards
In Virginia Beach, divorce is a civil action, not a criminal one, but carries significant financial and custodial consequences. Virginia uses equitable distribution for property and statutory guidelines for child support.
| Issue | Legal Standard / Classification | Potential Outcome | Financial Impact |
|---|---|---|---|
| Property Division | Equitable Distribution (Va. Code § 20-107.3) | Fair, not equal, division of marital property | Varies by asset value and factors |
| Child Support | Virginia Guidelines (Va. Code § 20-108.1) | Monthly payment based on combined income | Obligation until child turns 18 or graduates |
| Spousal Support | 13 Statutory Factors (Va. Code § 20-107.1) | Temporary or permanent support award | Duration and amount vary by case |
| Filing Fees | Court Costs | Required to initiate case | ~$86 filing fee + service fees |
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 brings 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.
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 Service
Our Richmond location serves clients at the Virginia Beach courts. 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
Last verified: March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.