Divorce & Family Law Attorney in Virginia Beach, Virginia
Virginia Beach 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. Mr. Sris personally amended this statute. No-fault divorce requires a 6-month separation if there are no minor children and a signed agreement, or a 1-year separation otherwise. Fault grounds include adultery, cruelty, desertion for one year, or a felony conviction with imprisonment for one year or more.
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, see Va. Code Title 20, Chapter 6 (Divorce) (official Virginia General Assembly). For court-specific forms and procedures, visit the Virginia Beach General District Court website.
Virginia Beach Family Law Process
Virginia Beach Circuit Court handles all divorce, equitable distribution, and spousal support matters. The 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 & 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.
- File the Complaint: Your attorney will file a Complaint for Divorce or other appropriate pleading with the Virginia Beach Circuit Court clerk, paying the $86 filing fee.
- Serve the Other Party: The sheriff or a private process server will serve the complaint on your spouse, as required by Virginia law.
- Discovery & Negotiation: Both sides exchange financial information through discovery. Your attorney will negotiate a settlement on property division, support, and custody.
- Court Hearings or Trial: If settlement is not reached, the case proceeds to pendente lite hearings for temporary orders and, if necessary, a final trial before a judge.
- Final Decree: The judge signs a final decree of divorce, incorporating any settlement agreement or court orders on all issues.
Penalties and Legal Standards
In Virginia Beach, family law cases involve equitable distribution of property, not criminal penalties. Child support is calculated using Virginia guidelines based on combined gross income, and spousal support is based on 13 statutory factors.
| Issue | Legal Standard | 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 income and custody | Guideline amount + healthcare/childcare |
| Spousal Support | 13 Statutory Factors (Va. Code § 20-107.1) | Temporary or permanent support award | Duration and amount vary by case |
| Divorce Waiting Period | No-fault Separation | 6 months (no minor children) or 1 year | Court costs and attorney fees during period |
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 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 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 handled.
Results may vary. Prior results do not aim for a similar outcome.
Local Family Law Representation
Our Richmond location serves clients at the Virginia Beach courts (2425 Nimmo Parkway), accessible via I-264 and I-64. We are a family law lawyer near Virginia Beach Oceanfront and Town Center. We serve 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 clients in nearby localities like Henrico County and Chesterfield County. In Virginia Beach, we also handle criminal defense and DUI/DWI cases. 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.