Divorce & Family Law Attorney in Virginia Beach, Virginia
Virginia Family Law Statutes
Virginia is an equitable distribution state, meaning marital property is divided fairly, not necessarily 50/50, based on 11 factors in Va. Code § 20-107.3. Grounds for divorce include no-fault separation (6 months without minor children or 1 year with children) and fault-based grounds like adultery or cruelty under Va. Code § 20-91. Child custody and support are determined based on the child’s best interests per Va. Code § 20-124.3 and state guidelines.
Last verified: March 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s family law statutes, visit the Virginia Code Title 20, Chapter 6 (Domestic Relations). The Virginia Beach General District Court website provides local forms, filing information, and contact details.
Virginia Beach Family Court Process
Virginia Beach Circuit Court handles all divorce, equitable distribution, and spousal support cases. The 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.
- Consult with an attorney to evaluate your grounds for divorce and identify all marital assets and debts.
- File a Complaint for Divorce with the Virginia Beach Circuit Court Clerk’s Office and pay the filing fee.
- Serve the complaint on your spouse and wait for their response. If uncontested, draft a separation agreement.
- Attend any required pendente lite hearings for temporary support or custody orders if needed.
- Complete financial disclosures and, if contested, engage in discovery which may include business valuations.
- Attend a final hearing where the judge reviews the agreement or hears evidence to enter a Final Decree of Divorce.
Penalties and Legal Standards
In Virginia Beach, divorce does not carry criminal penalties, but financial and custodial outcomes are determined by equitable distribution and the child’s best interests standard.
| Issue | Legal Classification | Potential Outcome | Financial Impact | Additional Factors |
|---|---|---|---|---|
| Property Division | Equitable Distribution | Fair, not equal, division of marital property | Varies by asset value and contributions | 11 statutory factors under Va. Code § 20-107.3 |
| Spousal Support | Court Discretion | Temporary or permanent support awards | Based on need, ability to pay, and 13 factors | Duration varies by marriage length and circumstances |
| Child Support | Guideline Calculation | Monthly payment based on combined income | Uses Virginia child support guidelines | Health insurance, childcare costs, and custody share adjust amount |
| Child Custody | Best Interests of Child | Legal and physical custody arrangements | Primary residence and decision-making authority | 10 factors under Va. Code § 20-124.3 |
Results may vary. Each case depends on unique facts and evidence.
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 helped amend Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in state 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 for family law matters. These results include successful negotiations of property settlement agreements, favorable custody arrangements, and resolved support disputes.
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. We are a family law lawyer near Virginia Beach, Sandbridge, and Oceana. We provide 24/7 phone consultations at (888) 437-7747. Meetings are 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?
An uncontested divorce with a signed separation agreement takes 2-4 months from filing. A contested divorce typically takes 9-18 months. Complex cases with business valuation can take 12-24 months. Pendente lite hearings for temporary orders are usually set within 21-60 days.
How much does a divorce cost in Virginia Beach, Virginia?
The Circuit Court filing fee is about $86. Additional costs include service of process ($12-$100), pendente lite motion fees, Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300 per hour per party). Attorney fees vary by case complexity.
Is Virginia a community property state?
No. Virginia is an equitable distribution state. Marital property is divided fairly based on 11 factors in Va. Code § 20-107.3, not necessarily 50/50. Separate property, like pre-marriage assets or inheritances, is excluded from division.
How is child custody decided in Virginia Beach, Virginia?
Custody is based on the child’s best interests under Va. Code § 20-124.3. The court considers 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 cases.
What are the grounds for divorce in Virginia?
No-fault grounds require a 6-month separation (no minor children and a signed agreement) or a 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion for one year, or a felony conviction with imprisonment for one year or more.
Related Legal Services
For more information, see our Virginia Family Law Lawyer hub page. We also serve clients in nearby areas like Henrico County and Chesterfield County. If you need other legal assistance in Virginia Beach, consider our Criminal Defense Lawyer or DUI/DWI Lawyer services. Learn more about Mr. Sris or visit our Richmond office page.
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.