Contested Divorce Lawyer Chesapeake, VA

You’re sitting at your kitchen table in Great Bridge, staring at a stack of financial statements and a complaint for divorce that names grounds you didn’t expect. Your spouse has hired an attorney and is asking for the marital home, a disproportionate share of your retirement, and primary custody of your children. The Chesapeake Circuit Court on Albemarle Drive will decide who gets what—and the thought of walking into that courtroom alone makes your stomach turn. You need a contested divorce lawyer who knows the local bench in Chesapeake, understands how equitable distribution plays out in the First Judicial District, and can build a case that protects what you’ve worked for. Law Offices Of SRIS, P.C. represents clients in Chesapeake contested divorces from our Richmond location, and Mr. Sris, a former prosecutor, leads every family law matter with the experience that comes from practicing since 1997. Reach our firm at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

How We Handle Contested Divorce in Chesapeake

A contested divorce in Chesapeake means you and your spouse cannot agree on at least one major issue—property division, spousal support, custody, or fault. Unlike an uncontested proceeding, these cases require formal discovery, motions practice, and potentially a trial before the Chesapeake Circuit Court. Mr. Sris and the firm’s Of Counsel attorneys build a strategy around the specific facts of your marriage, identifying marital property under Virginia Code § 20-107.3, assessing the statutory factors for equitable distribution, and preparing the evidence needed to present your position persuasively.

We often start by analyzing the financial picture—bank accounts, real estate, business interests, retirement plans, and debts—so we can distinguish marital from separate property. If fault grounds like adultery, cruelty, or desertion are alleged under Virginia Code § 20-91, we evaluate whether the evidence supports the claim and how a fault determination might affect property division or support. When children are involved, custody and visitation disputes are resolved under the ten best-interests factors in § 20-124.3, and we work with you to develop a parenting plan that the Chesapeake Juvenile and Domestic Relations District Court or the Circuit Court will find reasonable. Throughout the process, we attend every hearing, negotiate with opposing counsel, and prepare for trial when settlement is not possible. Results may vary.

What to Expect in a Chesapeake Contested Divorce

Most contested divorces in Chesapeake begin with the filing of a complaint at the Chesapeake Circuit Court, 307 Albemarle Drive, Chesapeake, VA 23322. The filing fee for a divorce complaint is set by the court, and the sheriff’s service of process costs about $12. Once the responding spouse files an answer, the case moves into a discovery phase where both sides exchange documents and may conduct depositions. If temporary support or custody is needed, Mr. Sris and the firm’s Of Counsel attorneys can file a pendente lite motion, and the court typically sets a hearing within several weeks.

The timeline of a contested divorce varies widely. Uncontested cases with a signed separation agreement may conclude in two to four months, but when issues are disputed, cases commonly take nine to eighteen months. Complex equitable distribution involving business valuation or retirement assets can extend beyond two years. Chesapeake Circuit Court schedules hearings based on its own calendar, and mandatory separation periods under Virginia Code § 20-91 must be satisfied—one year (or six months with a written agreement and no minor children) before a no-fault divorce can be granted. While you wait, a property settlement agreement signed by both parties can resolve all issues without trial, and mediation is available though not mandatory.

Understanding Property Division and Support in Virginia

Virginia is an equitable distribution state, not a community property state. When a judge divides marital assets in Chesapeake, the goal is a fair—not necessarily equal—split, based on eleven statutory factors including the length of the marriage, each spouse’s monetary and nonmonetary contributions, the parties’ ages and health, and the circumstances experienced to the divorce. Separate property—assets owned before marriage, gifts, and inheritances—remains with the original owner. The court can also order spousal support after considering thirteen factors, and child support is calculated under the Virginia guidelines using both parents’ combined gross income.

Legislative involvement strengthens the firm’s understanding of this area of law. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised the equitable distribution statute, Va. Code § 20-107.3(g). That firsthand knowledge of how Virginia’s property division rules evolved guides the way we approach contested divorce cases in Chesapeake today.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has represented clients in family law and contested divorce matters since 1997. His background as a former prosecutor gives him insight into courtroom dynamics, cross-examination, and the presentation of evidence—skills that are critical when a divorce goes to trial. Mr. Sris keeps his caseload manageable so he can stay involved in each matter, and he works closely with the firm’s Of Counsel attorneys, who bring extensive experience in litigation, evidence analysis, and local court practice.

The firm’s Of Counsel attorneys include professionals with backgrounds as a former Virginia State Trooper and a former Maryland Assistant State’s Attorney, adding investigative and trial acumen to your case. Together, Mr. Sris and the firm’s Of Counsel attorneys bring extensive legal experience to Chesapeake contested divorce proceedings. Reach our firm at (888) 437-7747 to discuss your situation.

Frequently Asked Questions

How does a contested divorce differ from an uncontested divorce in Chesapeake?

A contested divorce involves disputes over property, support, custody, or fault that the court must resolve, while an uncontested divorce proceeds when the parties agree on all issues. In Chesapeake, contested cases are heard in the Circuit Court, and the process includes discovery, motions, and potentially a trial. Uncontested cases move faster and cost less, but if you cannot reach agreement through negotiation or mediation, litigation becomes necessary. Law Offices Of SRIS, P.C. handles both types of divorce proceedings.

What are the grounds for divorce in Virginia?

Virginia recognizes fault-based grounds—adultery, cruelty, desertion for one year, and felony conviction with imprisonment for more than one year—as well as no-fault grounds based on separation. For a no-fault divorce, you must live separate and apart for one year, or for six months if you have no minor children and a signed separation agreement. Because contested divorces often involve allegations of fault, proof of the ground can affect property division and support. We evaluate the evidence carefully under Virginia Code § 20-91.

How long does a contested divorce take in Chesapeake?

Contested divorces in Chesapeake generally take nine to eighteen months, though complex cases can extend beyond two years. The timeline depends on the court’s calendar, the amount of discovery, and whether interim motions for temporary support or custody are filed. Uncontested divorces with a signed separation agreement can finalize in two to four months. Courts in the First Judicial District, including Chesapeake Circuit Court, prioritize docket management, but delays are possible when multiple attorneys are involved.

Will I have to go to trial in a Chesapeake contested divorce?

Not necessarily; many contested divorces settle before trial through negotiation or mediation. Mr. Sris and the firm’s Of Counsel attorneys always prepare for trial while simultaneously working toward a settlement that meets your goals. If a judge must decide, the case will be tried in the Chesapeake Circuit Court. Even when fault grounds are alleged, settlements often resolve the financial and custody issues without the need for a courtroom hearing.

How does property division work in Virginia?

Virginia uses equitable distribution—marital property is divided fairly, not necessarily equally, after considering eleven factors in Va. Code § 20-107.3. The judge first classifies each asset as marital, separate, or hybrid, then values it, and finally distributes it. Separate property, such as pre-marital assets or inheritances, stays with the owner. Business interests, retirement accounts, and real estate are common points of contention in Chesapeake contested divorces.

Can I get spousal support in a Chesapeake contested divorce?

Spousal support may be awarded if the requesting spouse demonstrates financial need and the other spouse has the ability to pay, based on thirteen statutory factors. The factors include the standard of living during the marriage, duration of the marriage, and each spouse’s contributions. A pendente lite motion can secure temporary support while the divorce is pending, and if a separation agreement exists, its support terms are often enforced. We evaluate your situation and advocate for an appropriate support arrangement.

What if my spouse hides assets during the divorce?

Hiding assets can lead to adverse inferences by the court and sanctions; we use discovery tools—interrogatories, document requests, subpoenas, and depositions—to uncover undisclosed property. Forensic accountants may be engaged when necessary, and the court can award a disproportionate share of marital property to the wronged spouse if concealment is proven. Mr. Sris and the firm’s Of Counsel attorneys are experienced in tracing assets and challenging incomplete financial disclosures.

Do I need a lawyer for a contested divorce in Chesapeake?

You are not legally required to hire a lawyer, but proceeding without representation in a contested divorce can risk an unfavorable property division, inadequate support, or custody arrangement that does not reflect your interests. Virginia’s rules of evidence and procedure apply, and the opposing counsel may exploit your lack of experience. Law Offices Of SRIS, P.C. handles all phases of contested divorce, from filing to trial, and we encourage anyone facing a dispute to consult counsel early. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.

Related practice-area pages:
Contested Divorce Lawyer Norfolk, VA |
Contested Divorce Lawyer Virginia Beach, VA |
Contested Divorce Lawyer Portsmouth, VA |
Contested Divorce Lawyer Hampton, VA

For a detailed statutory analysis of Virginia divorce law, visit our comprehensive guide at srislawyer.com.

Last reviewed: July 2026

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Case results depend on a variety of factors unique to each case. By appointment only. Serving clients in Chesapeake, Deep Creek, Great Bridge, and Greenbrier.