Divorce Lawyer Virginia Beach — How to File for Divorce in Virginia Beach
A divorce in Virginia Beach is a legal action filed in Virginia Beach Circuit Court to dissolve a marriage under Va. Code § 20-91. Virginia is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally. Law Offices Of SRIS, P.C. has 8 documented case results in Virginia Beach.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Virginia Divorce Law and Grounds
Divorce in Virginia is governed by state statute. The primary grounds are no-fault, based on separation. You can file for a no-fault divorce after a six-month separation if you have no minor children and a signed separation agreement, or after a one-year separation if you have minor children. Fault grounds, such as adultery, cruelty, desertion for one year, or felony conviction with imprisonment for one year or more, are also available under Va. Code § 20-91. The equitable distribution of marital assets and debts is controlled by Va. Code § 20-107.3, a statute personally amended by Mr. Sris of our firm. Child custody determinations are made based on the child’s best interests, guided by ten factors in Va. Code § 20-124.3.
Official Legal Resources
For the full text of Virginia’s divorce statutes, visit the Virginia General Assembly website (Va. Code Title 20, Chapter 6). To find forms and local rules, refer to the Virginia Beach Circuit Court website.
Virginia Beach Divorce Process and Local Insight
Knowing how to file for divorce lawyer Virginia Beach guidance is essential. The Virginia Beach Circuit Court at 2425 Nimmo Parkway handles all divorce, equitable distribution, and spousal support cases. Standalone custody, visitation, child support, and protective orders are handled by the Virginia Beach Juvenile and Domestic Relations Court. Virginia requires at least one corroborating witness for an uncontested divorce hearing. A signed property settlement agreement can resolve all issues without a trial.
- Determine your grounds for divorce and ensure you meet the separation requirements.
- Draft and file a Complaint for Divorce with the Virginia Beach Circuit Court Clerk’s Office, paying the $86 filing fee.
- Have the complaint served on your spouse by a sheriff, private process server, or through acceptance of service.
- If uncontested, file a signed separation agreement and other required documents, then attend a final hearing with a witness.
- If contested, proceed through discovery, mediation (if ordered), and a trial before a judge.
- Receive the court’s final decree of divorce, which legally ends the marriage and outlines all rulings.
Potential Outcomes in a Virginia Beach Divorce
In Virginia Beach, a divorce can result in the equitable division of assets and debts, awards of spousal and child support, and legal decisions regarding child custody and visitation.
| Issue | Legal Standard | Potential Outcome |
|---|---|---|
| Property Division | Equitable Distribution (Va. Code § 20-107.3) | Fair, not equal, division of marital property and debts. |
| Spousal Support | 13 statutory factors (Va. Code § 20-107.1) | Temporary or permanent support based on need and ability to pay. |
| Child Custody | Best Interests of the Child (Va. Code § 20-124.3) | Legal and physical custody arrangements. |
| Child Support | Virginia Guidelines | Monthly payment based on parents’ incomes and custody schedule. |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm’s deep involvement in Virginia family law is demonstrated by Mr. Sris’s personal work amending the state’s equitable distribution statute, Va. Code § 20-107.3. This provides unique insight into the legislative intent behind the law judges apply daily. With over 120 years of combined attorney experience, we approach each Virginia Beach family law case with a strategic focus on our client’s specific goals.
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 and Client Focus
In Virginia Beach, our firm has 8 total documented case results across all practice areas with a 100% favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex matters is Mr. Sris, the firm’s founder and a former prosecutor who personally amended Virginia’s equitable distribution statute. We represent clients throughout Virginia Beach, Sandbridge, and Oceana.
Contact Our Virginia Beach Divorce Lawyer
Our Richmond location serves clients with matters at Virginia Beach courts. We are accessible via I-264, I-64, and Route 44. If you need a divorce lawyer near Virginia Beach Oceanfront or Town Center, contact us for a consultation.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Virginia Beach Divorce Lawyer FAQ
How long does a divorce take in Virginia Beach, Virginia?
It depends. An uncontested divorce with a signed separation agreement typically takes 2-4 months from filing. A contested divorce often takes 9-18 months. Complex cases with business valuation can take 12-24 months.
How much does a divorce cost in Virginia Beach, Virginia?
The Virginia Beach Circuit Court filing fee is about $86. Additional costs include service of process ($12-$100), Guardian ad Litem fees ($500-$2,500+ for custody cases), 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, not necessarily 50/50. Separate property, like pre-marriage assets, is excluded.
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 ten factors, including each parent’s role, the child’s relationships, and any history of abuse. Virginia Beach J&DR Court handles standalone custody cases.
What are the grounds for divorce in Virginia?
No-fault grounds require a 6-month separation (no minor children + agreement) or a 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion for one year, or a felony conviction with one year or more of imprisonment.
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in Virginia Beach and DUI charges in Virginia Beach.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.