Divorce & Family Law Attorney in Chesapeake, Virginia
Virginia Family Law Statutes
Virginia family law is governed by specific statutes that determine divorce grounds, property division, and child-related matters. Chesapeake Circuit Court handles all divorce and equitable distribution cases at 307 Albemarle Drive.
Virginia requires either a 6-month separation period for no-fault divorce when there are no minor children and a signed separation agreement, or a 1-year separation when minor children are involved. Fault grounds include adultery (with no waiting period), cruelty, desertion for one year, or felony conviction with imprisonment for one year or more. The equitable distribution statute, Va. Code § 20-107.3, was personally amended by Mr. Sris and guides how marital property is divided fairly (though not necessarily equally) based on 11 statutory factors.
Last verified: March 2026 | Chesapeake General District Court | Virginia General Assembly
Official Legal Resources
For the complete text of Virginia family law statutes, visit the Virginia Code Title 20, Chapter 6 (official Virginia General Assembly). For court-specific information, procedures, and forms, refer to the Chesapeake General District Court website.
Chesapeake Family Court Procedures
Chesapeake Circuit Court handles all divorce, equitable distribution, and spousal support matters, while Chesapeake 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.
- File the initial complaint: File a divorce complaint with the Chesapeake Circuit Court Clerk’s Office, paying the $86 filing fee and arranging for service of process on your spouse.
- Attend the pendente lite hearing: If temporary support or custody orders are needed, attend the pendente lite hearing typically scheduled within 21-60 days of filing the motion.
- Complete discovery: Exchange financial disclosures and other relevant information through formal discovery processes, which may include interrogatories, requests for production, and depositions.
- Participate in settlement negotiations: Attempt to resolve issues through settlement negotiations, mediation, or collaborative law before proceeding to trial.
- Prepare for trial: If settlement fails, prepare for trial by organizing evidence, identifying witnesses, and developing a trial strategy with your attorney.
- Attend the final hearing: Present your case at the final hearing where the judge will issue orders on divorce, property division, support, and custody matters.
Family Law Penalties and Consequences
In Chesapeake, family law matters involve specific legal standards rather than penalties: Virginia is an equitable distribution state with no-fault divorce after 6-month or 1-year separation periods, and fault grounds including adultery, cruelty, desertion, or felony conviction.
| Issue | Legal Standard | Financial Impact | Additional Consequences |
|---|---|---|---|
| Divorce Filing | No-fault (separation) or fault grounds | Filing fee: ~$86 + service costs | 6-month or 1-year waiting period |
| Property Division | Equitable distribution (Va. Code § 20-107.3) | Division of marital assets/debts | 11 statutory factors considered |
| Child Support | Virginia guidelines based on income | Monthly payments based on formula | Health insurance and childcare added |
| Spousal Support | 13 statutory factors (Va. Code § 20-107.1) | Temporary or permanent payments | Duration based on marriage length |
| Custody Dispute | Best interests of child (10 factors) | Guardian ad Litem: $500-$2,500+ | Parenting plan required |
Results may vary. Each case depends on unique facts and circumstances.
Our Family Law Experience
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to Chesapeake 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. Our tagline “Global advocacy. Local precision” reflects our approach to Chesapeake family law.
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
Chesapeake Case Results
Law Offices Of SRIS, P.C. has 6 total documented case results across all practice areas in Chesapeake with a 100% favorable outcome rate. These results include divorces resolved through settlement agreements, favorable custody arrangements, and equitable distribution outcomes.
Results may vary. Prior results do not aim for a similar outcome.
Serving Chesapeake Families
Our Richmond location serves clients at Chesapeake courts (307 Albemarle Drive), accessible via I-64, I-464, I-664, Route 13, Route 17, and Route 168 (Battlefield Blvd). We are a family law lawyer near Chesapeake City Hall and the Greenbrier area.
We serve Chesapeake, Deep Creek, Great Bridge, and Greenbrier communities. Contact us for 24/7 phone consultations at (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 Chesapeake, 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.
How much does a divorce cost in Chesapeake, 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.
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 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. Chesapeake 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 Chesapeake Circuit Court.
Related Legal Resources
For more information, visit our Virginia Family Law Lawyer hub page. We also serve nearby areas including Henrico County family law and Chesterfield County family law. If you need other legal services in Chesapeake, consider our Chesapeake criminal defense lawyer or Chesapeake DUI/DWI lawyer. Learn more about our attorneys’ experience.
Last verified: March 2026. Information current as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.