Divorce & Family Law Attorney in Virginia Beach, Virginia
Virginia Family Law Statutes
Virginia is an equitable distribution state, not a community property state. This means marital property is divided fairly, but not necessarily equally, based on 11 factors outlined in Va. Code § 20-107.3. Mr. Sris personally amended this statute. Grounds for divorce include no-fault separation (6 months or 1 year) and fault-based grounds like adultery or cruelty under Va. Code § 20-91. Child custody is determined by 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
For the full text of Virginia’s family law statutes, visit the Virginia Code (law.lis.virginia.gov). For court-specific forms and procedures, refer to the Virginia Beach General District Court website (vacourts.gov).
Virginia Beach Family Court Process
The Virginia Beach Circuit Court at 2425 Nimmo Parkway handles all divorce and equitable distribution cases. The Virginia Beach Juvenile and Domestic Relations District Court handles standalone custody, child support, and protective orders.
- File the initial complaint: File a Complaint for Divorce or other family law action with the Virginia Beach Circuit Court Clerk’s Office. Pay the filing fee.
- Serve the other party: Have the complaint and summons served on your spouse by a sheriff, private process server, or through acceptance of service.
- Attend pendente lite hearing (if needed): If temporary support or custody orders are needed, file a motion for pendente lite relief. The court typically schedules a hearing within 21-60 days.
- Complete discovery: Exchange financial documents and other evidence through interrogatories, requests for production, and depositions as required.
- Attempt settlement or mediation: Participate in settlement negotiations or court-ordered mediation to try to resolve issues like property division, support, and custody.
- Proceed to trial: If settlement fails, present your case at a bench trial before a Virginia Beach Circuit Court judge for a final decision.
Penalties and Legal Standards
In Virginia Beach, family law involves specific procedures and standards rather than criminal penalties. Virginia requires a 6-month separation for no-fault divorce with no minor children and a signed agreement, or a 1-year separation if minor children are involved.
| Issue | Legal Standard / Classification | Typical Timeline | Potential Costs |
|---|---|---|---|
| Uncontested Divorce | No-fault, based on separation | 2-4 months | Filing fee: ~$86 + service costs |
| Contested Divorce | Disputed grounds or issues | 9-18 months | Filing fees + attorney fees + possible experienced costs |
| Complex Asset Division | Equitable distribution per Va. Code § 20-107.3 | 12-24 months | Filing fees + attorney fees + forensic accountant ($200+/hr) |
| Child Custody | Best interests of the child (10 factors) | Varies | Filing fees + possible Guardian ad Litem ($500-$2,500+) |
Results may vary. Each case depends on unique facts and circumstances.
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 attorney experience. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, providing a deep, case-specific approach to complex property division in Virginia Beach.
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
Case Results in Virginia Beach
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 these matters.
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, accessible via I-64 and I-264. We are a family law lawyer near Virginia Beach, serving the Virginia Beach, Sandbridge, and Oceana communities. We offer 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?
Uncontested divorce with a signed separation agreement takes 2-4 months from filing to final decree. 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 of the motion.
How much does a divorce cost in Virginia Beach, Virginia?
The Circuit Court filing fee is approximately $86. Additional costs include sheriff service (~$12), private process server ($50-$100), possible Guardian ad Litem fees ($500-$2,500+), and mediation ($100-$300 per hour per party). Attorney fees vary based on 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, which Mr. Sris personally amended. Separate property, like pre-marriage assets or inheritances, is not divided.
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 relationships, and any history of abuse. Standalone custody cases go to J&DR Court; custody within a divorce goes to Circuit Court.
What are the grounds for divorce in Virginia?
No-fault grounds require a 6-month separation (no minor children with an agreement) or a 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion for one year, or a felony conviction with one-plus year imprisonment.
Related Legal Services
For more information, see our Virginia Family Law Lawyer hub page. We also assist with Criminal Defense in Virginia Beach and DUI/DWI Defense in Virginia Beach. Learn more about our attorneys.
Last verified: March 2026. Information is current as of the verification date. Laws change; contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.