Divorce & Family Law Attorney in New Kent County, Virginia
In New Kent County, divorce requires a 6-month separation with no minor children and a signed agreement, or a 1-year separation if minor children are involved. Fault grounds include adultery, cruelty, desertion, or felony conviction.
Virginia Family Law Statutes
Virginia family law is governed by specific statutes. Va. Code § 20-91 establishes the grounds for divorce, including no-fault separation periods and fault-based grounds like adultery. Va. Code § 20-107.3, the equitable distribution statute personally amended by Mr. Sris, governs how marital property is divided fairly—not necessarily 50/50—based on 11 statutory factors. Child custody determinations are made under Va. Code § 20-124.3, focusing on the child’s best interests. Child support is calculated using the Virginia guidelines in Va. Code § 20-108.1, based on the parents’ combined gross income and the number of children. Spousal support is assessed under Va. Code § 20-107.1, which outlines 13 factors for the court to consider.
Last verified: March 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the most current information, consult these official government resources:
- Va. Code Title 20, Chapter 6 (Divorce, Annulment, and Separate Maintenance) – The official Virginia statute.
- New Kent County General District Court Website – For local court procedures, forms, and contact information.
New Kent County Family Law Process
Family law matters in New Kent County are split between two courts. The New Kent County Circuit Court at 12001 Courthouse Circle handles all divorce, equitable distribution, and spousal support cases. The New Kent County Juvenile and Domestic Relations District Court handles standalone matters involving child custody, visitation, child support, and protective orders.
- Initial Consultation and Document Gathering: Schedule a consultation with Law Offices Of SRIS, P.C. to discuss your situation. Gather financial documents, marriage certificate, and any existing agreements.
- Filing the Complaint: Your attorney will file a divorce complaint with the New Kent County Circuit Court, paying the $86 filing fee and arranging for service of process.
- Discovery and Negotiation: Both parties exchange financial information through discovery. Your attorney will negotiate a settlement on property division, support, and custody.
- Court Hearings and Final Decree: Attend any required hearings for temporary orders. If settlement is reached, a final hearing is scheduled. The judge signs the final decree of divorce.
Divorce Procedures and Potential Outcomes
In New Kent County, divorce is a civil action that dissolves a marriage and addresses related issues like property, support, and custody. Virginia law provides for both no-fault and fault-based divorces.
| Issue | Legal Standard / Classification | Potential Outcome / Range | Additional Consequences |
|---|---|---|---|
| Property Division | Equitable Distribution (Va. Code § 20-107.3) | Fair, not equal, division of marital property and debts | Business valuation, retirement account division (QDRO) |
| Spousal Support | Based on 13 statutory factors (Va. Code § 20-107.1) | Temporary or permanent support; amount and duration vary | Tax implications; modifiable based on changed circumstances |
| Child Support | Virginia Guidelines (Va. Code § 20-108.1) | Monthly payment based on combined income & number of children | Health insurance, childcare, and extracurricular cost sharing |
| Child Custody | Best Interests of the Child (Va. Code § 20-124.3) | Legal custody (decision-making) and physical custody (residence) | Parenting plan; holiday/vacation schedule; relocation restrictions |
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 brings over 120 years of combined legal experience to every case. A key differentiator is that Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team direct, authoritative insight into this complex area of law. Our approach is case-specific, built on deep procedural knowledge and a commitment to full representation for our clients in New Kent County.
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
Documented Case Results in New Kent County
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County, maintaining a 100% favorable outcome rate for our clients in this locality.
Results may vary. Prior results do not aim for a similar outcome.
Local Family Law Representation
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle). We are accessible via I-64, Route 33, Route 249, and Route 60. As a family law lawyer near New Kent County, we represent clients throughout New Kent, Providence Forge, and Quinton.
We offer 24/7 phone consultations at (888) 437-7747. All 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 New Kent County, Virginia?
Uncontested divorce with a signed separation agreement typically takes 2-4 months from filing to final decree. A contested divorce often takes 9-18 months. Complex cases with business valuation can take 12-24 months. A pendente lite hearing for temporary orders is usually set within 21-60 days of the motion being filed.
How much does a divorce cost in New Kent County, Virginia?
The Circuit Court filing fee is about $86. Additional costs include sheriff service ($12), private process server ($50-$100), and potential costs for a Guardian ad Litem ($500-$2,500+) or mediation ($100-$300 per hour per party). Attorney fees vary based on case complexity.
Is Virginia a community property state?
No. Virginia follows equitable distribution under Va. Code § 20-107.3. Marital property is divided fairly based on 11 factors, not necessarily 50/50. Separate property, like pre-marriage assets or inheritances, is not divided.
How is child custody decided in New Kent County, 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 is handled by 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 wait), cruelty, desertion for one year, or a felony conviction with a prison sentence of one year or more.
Related Legal Resources
Virginia Family Law Lawyer Hub – Overview of family law services across Virginia.
Henrico County Family Law Lawyer – Representation for clients in neighboring Henrico County.
New Kent County Criminal Defense Lawyer – Defense representation for related legal issues in New Kent County.
Last verified: March 2026. Laws and procedures can change. For the most current guidance on your New Kent County family law matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.