Divorce & Family Law Attorney in Virginia Beach, Virginia
Virginia Beach divorce is governed by Virginia’s equitable distribution laws under Va. Code § 20-107.3, requiring a 6-month or 1-year separation for no-fault cases. Law Offices Of SRIS, P.C. has 8 documented family law results in Virginia Beach. Our firm provides full representation for divorce, child custody, and property division matters in Virginia Beach Circuit Court.
Virginia Family Law Statutes
Virginia family law operates under specific statutes that define divorce grounds, property division, and child-related matters. The Virginia Beach Circuit Court at 2425 Nimmo Parkway handles all divorce filings and equitable distribution cases.
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. The key statute, Va. Code § 20-107.3, was personally amended by Mr. Sris of Law Offices Of SRIS, P.C. This amendment refined how courts consider various factors in property division.
Other relevant statutes include Va. Code § 20-91 (divorce grounds), § 20-108.1 (child support guidelines), § 20-124.2 (custody best interests), and § 20-107.1 (spousal support factors). Each statute provides specific requirements and procedures that must be followed in Virginia Beach family law cases.
Last verified: March 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Official Virginia Legal Resources
For accurate, current information about Virginia family law, consult these official government resources:
- Va. Code Title 20, Chapter 6 (Divorce, Annulment, and Separate Maintenance) – Official Virginia statutes
- Virginia Beach Circuit Court website – Court procedures and forms
Virginia Beach Family Court Procedures
Virginia Beach family law matters are split between two courts. The Virginia Beach Circuit Court handles divorce, equitable distribution, and spousal support. The Virginia Beach Juvenile and Domestic Relations Court handles standalone custody, visitation, child support, and protective orders.
The typical Virginia Beach family law process involves these steps:
- File the initial complaint: File a divorce complaint with the Virginia Beach Circuit Court Clerk’s Office, paying the $86 filing fee.
- Serve the other party: Have the complaint and summons served on your spouse by sheriff ($12) or private process server ($50-$100).
- Attend pendente lite hearing: If temporary support or custody is needed, attend a pendente lite hearing scheduled within 21-60 days.
- Complete discovery: Exchange financial documents and other evidence through formal discovery procedures.
- Attempt settlement: Participate in mediation ($100-$300/hour per party) or settlement negotiations to resolve issues.
- Proceed to trial if necessary: If settlement fails, present your case at trial before a Virginia Beach Circuit Court judge.
Virginia Beach Family Law Penalties and Requirements
In Virginia Beach, divorce requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) for no-fault grounds; fault grounds include adultery (no waiting period), cruelty, desertion for 1 year, or felony conviction with imprisonment for 1+ year.
| Offense | Classification | Timeline | Costs | Additional Requirements |
|---|---|---|---|---|
| Uncontested Divorce | No-fault | 2-4 months | $86 filing + service fees | Signed separation agreement, 6-month/1-year separation |
| Contested Divorce | No-fault or fault | 9-18 months | $86 filing + discovery + trial costs | Court determines all issues |
| Complex Property Division | Equitable distribution | 12-24 months | $86 filing + experienced fees ($500-$2,500+) | Business valuation, forensic accounting |
| Child Custody Case | Best interests standard | 3-12 months | Filing fees + Guardian ad Litem ($500-$2,500+) | 10 statutory factors considered |
Results may vary. Each case depends on specific facts and circumstances.
Virginia Beach Family Law Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to Virginia Beach family law cases. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving our firm unique insight into property division matters.
We have represented clients in Virginia Beach Circuit Court and Juvenile and Domestic Relations Court for divorce, custody, support, and property division matters. Our background in accounting and information systems provides particular advantage in complex financial cases involving business valuation or retirement asset division.
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
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.
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 for family law matters. Our results include dismissed or reduced charges in family law cases handled in Virginia Beach Circuit Court.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Beach Family Law Office
Our Richmond location serves clients at Virginia Beach courts (2425 Nimmo Parkway). We represent clients throughout Virginia Beach, Sandbridge, and Oceana. Our office is accessible via I-264, I-64, Route 44 (VA Beach Expressway), Route 58, and Route 13 (Shore Drive).
We are a family law lawyer near Virginia Beach Oceanfront/Boardwalk, Town Center, Naval Air Station Oceana, Virginia Aquarium, and Sandbridge areas.
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
Related Legal Services
For other legal needs in Virginia Beach, consider:
- Virginia Family Law Lawyer – Statewide family law information
- Henrico County Family Law Lawyer – Nearby locality family law
- Virginia Beach Criminal Defense Lawyer – Different practice area, same locality
- Attorney Bryan Block Profile – Learn about our attorneys
Last verified: March 2026. Information current as of March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.