Divorce & Family Law Attorney in Virginia Beach, Virginia
Virginia is an equitable distribution state, not a community property state. Marital property is divided fairly based on 11 statutory factors, not necessarily 50/50.
Virginia Beach Family Law Statutes
Virginia family law is governed by state statutes. Divorce requires a 6-month separation with a signed agreement and no minor children, or a 1-year separation otherwise (Va. Code § 20-91). Property division follows equitable distribution principles under Va. Code § 20-107.3, which Mr. Sris personally helped amend. Child custody determinations are based on the child’s best interests under Va. Code § 20-124.3.
Last verified: March 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code Title 20, Chapter 6 (Divorce) – Official Virginia statute.
- Virginia Beach General District Court – Court website with forms and information.
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 review your situation. Gather financial documents, marriage certificate, and any existing agreements.
- Filing the Complaint: Your attorney files a divorce complaint with the Virginia Beach Circuit Court, paying the $86 filing fee and arranging service of process.
- Discovery and Negotiation: Both parties exchange financial information. Your attorney negotiates a settlement on property division, support, and custody if possible.
- Court Proceedings: If settlement fails, the case proceeds to pendente lite hearings for temporary orders, then to trial for final resolution before a judge.
Penalties and Legal Standards
In Virginia Beach, family law involves equitable distribution of property, not penalties. No-fault divorce requires a 6-month or 1-year separation. Fault grounds like adultery have no waiting period.
| Issue | Legal Standard | Court | Typical Timeline |
|---|---|---|---|
| Divorce (Uncontested) | 6-month/1-year separation | Virginia Beach Circuit Court | 2-4 months |
| Divorce (Contested) | Fault or no-fault grounds | Virginia Beach Circuit Court | 9-18 months |
| Equitable Distribution | 11 factors under Va. Code § 20-107.3 | Virginia Beach Circuit Court | Varies with complexity |
| Child Custody | Best interests of the child (10 factors) | VA Beach J&DR / Circuit Court | Set with divorce or standalone |
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 helped amend Virginia’s equitable distribution statute, Va. Code § 20-107.3. Our case-specific approach is built on this deep legal experience.
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.
Results may vary. Prior results do not aim for a similar outcome.
Local Family Law Lawyer Near Virginia Beach
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, serving 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 Services
- Virginia Family Law Lawyer – Parent hub page.
- Henrico County Family Law Lawyer – Serving a nearby locality.
- Virginia Beach Criminal Defense Lawyer – Different practice area in Virginia Beach.
- Attorney Bryan Block Profile
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.