Divorce & Family Law Attorney in Virginia Beach, Virginia
In Virginia Beach, divorce requires a 6-month separation with a signed agreement and no minor children, or a 1-year separation if children are involved.
Virginia Beach Family Law Statutes and Definitions
Virginia is an equitable distribution state, not a community property state. This means marital property is divided fairly based on 11 factors listed in Va. Code § 20-107.3, which was personally amended by Mr. Sris of Law Offices Of SRIS, P.C. Marital property includes assets and debts acquired during the marriage. Separate property, such as assets owned before marriage or received by gift or inheritance, is typically excluded from division.
Last verified: March 2026 | Virginia Beach General District Court | Virginia General Assembly Code
Official Legal Resources
For the full text of Virginia family law statutes, visit the Va. Code Title 20, Chapter 6 (official Virginia General Assembly). For court-specific forms and procedures, refer to the Virginia Beach General District Court website.
Virginia Beach Family Court Process
The 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 and 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.
- Filing the Complaint: Your attorney will file a Complaint for Divorce or other pleadings with the Virginia Beach Circuit Court clerk, paying the $86 filing fee.
- Service of Process and Response: The other party is served with the complaint. They have 21 days to file an Answer. If uncontested, a separation agreement may be signed.
- Discovery and Negotiation: Both sides exchange financial information through discovery. Your attorney negotiates for a settlement on property, support, and custody.
- Court Hearings and Final Decree: Attend any necessary pendente lite or final hearings. The judge reviews the agreement or hears testimony, then enters the final decree.
Virginia Beach Family Law Penalties and Standards
In Virginia Beach, family law follows equitable distribution standards; no-fault divorce requires a 6-month separation (no minor children) or 1-year separation.
| Issue | Legal Standard / Classification | Potential Outcome / Range | Additional Consequences |
|---|---|---|---|
| Divorce Grounds | No-fault (separation) or Fault (adultery, cruelty, etc.) | Dissolution of marriage | Determines spousal support eligibility |
| Property Division | Equitable Distribution (Va. Code § 20-107.3) | Fair, not necessarily equal, division of marital property | Business valuation may be required |
| Child Support | Virginia Guidelines (Va. Code § 20-108.1) | Based on combined gross income and number of children | Subject to modification with changed circumstances |
| Spousal Support | 13 Statutory Factors (Va. Code § 20-107.1) | Temporary or permanent support based on need and ability to pay | Tax implications (payor deductible, payee taxable) |
| Custody | Best Interests of the Child (Va. Code § 20-124.3) | Legal and physical custody arrangements | Parenting plan required |
Results may vary. The outcomes described are not guarantees.
Firm Credentials and Authority
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. Our tagline is “Global advocacy. Local precision.”
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 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. These results include cases dismissed, charges reduced, and favorable settlements.
Results may vary. Prior results do not aim for a similar outcome.
Local Virginia Beach Family Law Office
Our Richmond location serves clients at the Virginia Beach courts (2425 Nimmo Parkway). Our family law lawyer near Virginia Beach is accessible via I-264, I-64, and Route 44. 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 on family law in Virginia, see our Virginia Family Law Lawyer hub page. We also serve nearby areas like Henrico County family law. If you need other legal help in Virginia Beach, consider our Virginia Beach criminal defense lawyer services. Learn more about Mr. Sris’s background and experience.
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.