In Chesapeake, Virginia, divorce follows equitable distribution under Va. Code § 20-107.3, personally amended by Mr. Sris. Law Offices Of SRIS, P.C. has 6 documented case results in Chesapeake. An Out Of State Divorce Enforcement Lawyer Chesapeake can help enforce or modify a divorce decree across state lines.
Last verified: April 2026 | Chesapeake General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
Virginia is an equitable distribution state. This means marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 when dividing assets and debts. Separate property — assets acquired before marriage, inheritances, or personal gifts — is excluded from division. Mr. Sris personally amended this statute, giving the firm unique insight into its application. An Out Of State Divorce Enforcement Lawyer Chesapeake can address property division orders from other states.
Divorce in Virginia requires specific grounds. No-fault divorce requires a 6-month separation if no minor children exist and a signed separation agreement is in place. If minor children are involved, a 1-year separation is required. Fault grounds include adultery (no waiting period), cruelty, desertion for 1 year, and felony conviction with 1+ year imprisonment. An Out Of State Divorce Enforcement Lawyer Chesapeake handles cases where the original divorce occurred in another jurisdiction.
For official court information, visit the Chesapeake General District Court website. Review the full divorce statute at Va. Code § 20-91 (divorce grounds) (official Virginia General Assembly).
- File a divorce complaint at Chesapeake Circuit Court (307 Albemarle Drive, Chesapeake, VA 23322) with the $86 filing fee.
- Serve the divorce papers on your spouse through sheriff service ($12) or private process server ($50-$100).
- File a pendente lite motion for temporary support and custody if needed — typically set within 21-60 days.
- Complete discovery, including financial disclosures and asset valuation for equitable distribution.
- Attend mediation (optional but recommended) to resolve property division, custody, and support issues.
- Final hearing or submission of signed property settlement agreement for uncontested divorce decree.
In Chesapeake, Virginia, divorce outcomes depend on the specific circumstances of your case. The court divides marital property equitably under Va. Code § 20-107.3.
| Issue | Legal Standard | Timeline | Cost Factors | Additional Considerations |
|---|---|---|---|---|
| Uncontested Divorce | No-fault; 6-month or 1-year separation | 2-4 months | $86 filing fee + service costs | Signed separation agreement required |
| Contested Divorce | Equitable distribution under Va. Code § 20-107.3 | 9-18 months | Higher due to litigation | May require Guardian ad Litem ($500-$2,500+) |
| Complex Property Division | Business valuation, retirement assets | 12-24 months | Forensic accountant fees | Mediation available ($100-$300/hour per party) |
Results may vary. Prior results do not guarantee a similar outcome.
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 and has documented 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a credential no other firm can claim. This amendment directly impacts how Chesapeake divorce cases are handled. An Out Of State Divorce Enforcement Lawyer Chesapeake understands the interplay between Virginia law and other state divorce decrees.
In Chesapeake, Law Offices Of SRIS, P.C. has 6 total documented case results across all practice areas with a 100% favorable outcome rate. Firm-wide, the firm has achieved 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location serves clients at Chesapeake courts (307 Albemarle Drive). The Richmond office is accessible via I-64, I-464, I-664, Route 13, Route 17, and Route 168 (Battlefield Blvd).
Divorce lawyer near Chesapeake — serving Deep Creek, Great Bridge, Greenbrier, and all Chesapeake neighborhoods.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
By appointment only.
How long does a divorce take in Chesapeake, Virginia?
It depends. 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. Chesapeake Circuit Court handles all divorces.
How much does a divorce cost in Chesapeake, Virginia?
It depends. Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Guardian ad Litem for custody: typically $500-$2,500+. Mediation: $100-$300/hour per party.
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 is excluded.
How is child custody decided in Chesapeake, Virginia?
Custody in Chesapeake 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. Chesapeake J&DR Court handles standalone custody.
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 Chesapeake Circuit Court.
For more information, visit our Virginia Family Law Lawyer hub page. If you are in a nearby area, see our Henrico County divorce lawyer or Chesterfield County divorce lawyer pages. For other legal needs in Chesapeake, consider our Chesapeake criminal defense lawyer or Chesapeake DUI lawyer.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.