Uncontested Divorce Lawyer New Kent County, VA
An uncontested divorce in New Kent County can resolve a marriage with minimal conflict when both spouses agree on the terms of their separation. Virginia law provides for no‑fault divorce under the Virginia Code after the parties have lived separate and apart for a specified period—six months if the couple has no minor children and has executed a written separation agreement, or one year otherwise—and the petition is filed in the New Kent County Circuit Court. Law Offices Of SRIS, P.C., founded in 1997, represents clients throughout Virginia in uncontested divorce proceedings. Mr. Sris, Owner and Founder, and his Of Counsel team bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to drafting separation agreements, addressing property division, child custody, and support matters. Results may vary. Reach our Richmond Location at (888) 437‑7747 to schedule a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Uncontested Divorce Means in New Kent County, Virginia
In an uncontested divorce, both parties agree on all material issues—including the division of marital assets and debts, spousal support, and, when applicable, child custody and support. The parties may document their agreement in a written separation agreement that is signed and notarized before filing for divorce. Under the Virginia Code(9)(a) and (b), the no‑fault ground requires the spouses to have lived separate and apart for either six months (if no minor children of the marriage and the parties have a signed separation agreement) or one year. Once the separation period is satisfied, either spouse may file a Complaint for Divorce in the New Kent County Circuit Court.
New Kent County’s Circuit Court, located at 12001 Courthouse Circle, New Kent, Virginia, has exclusive original jurisdiction over divorces. Parties must have resided and been domiciled in Virginia for at least six months before commencing the suit, as set forth in the Virginia Code. The court requires at least one corroborating witness to testify at the final hearing in an uncontested matter. Our Richmond Location, at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, serves clients in New Kent County as well as the surrounding communities of Providence Forge and Quinton. Appointments are available by request; call (888) 437‑7747.
How Mr. Sris and His Of Counsel Handle Uncontested Divorce Cases
Mr. Sris and his Of Counsel guide clients through each stage of an uncontested divorce, beginning with a thorough discussion of the parties’ goals and circumstances. When a separation agreement has not yet been prepared, we help draft a comprehensive document that addresses property division, support, and, if children are involved, custody and visitation. Once the agreement is signed and the statutory separation period has elapsed, we prepare and file the Complaint with the New Kent County Circuit Court and schedule the matter for hearing. The judge will review the agreement and may ask brief questions of the parties and the corroborating witness to confirm that the requirements of the Virginia Code have been met.
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The court considers the eleven factors enumerated in Va. Code § 20‑107.3, including the duration of the marriage, each spouse’s contributions, and the tax consequences of the division. Even in an uncontested case, careful drafting of the property settlement is essential to avoid unintended consequences. Mr. Sris and his Of Counsel work to ensure that the agreement properly classifies marital and separate property and that the final decree accurately incorporates all terms. They also address related matters such as spousal support and child support guidelines under Va. Code §§ 20‑107.1 and 20‑108.1, respectively.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who established the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised Va. Code § 20‑107.3(g) relating to the distribution of retirement benefits. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary. In any particular matter.
The Of Counsel team at the firm comprises seasoned attorneys who concentrate their practices in family law and related areas. Each Of Counsel is a non‑employee professional engaged through Excella, and collectively they have represented clients in contested and uncontested divorces across Virginia. Together with Mr. Sris, they appear in New Kent County Circuit Court and the Juvenile and Domestic Relations District Court for matters involving custody, support, and protective orders. We encourage prospective clients to reach our Richmond Location at (888) 437‑7747 to discuss their situation.
Frequently Asked Questions
How long does an uncontested divorce take in New Kent County?
An uncontested divorce in New Kent County typically takes several months from the date of filing, depending on the mandatory separation period and the court’s calendar. Once the separation agreement is signed and the required separation time has been satisfied, your attorney can file the Complaint and request a hearing. The judge reviews the agreement and, if everything is in order, enters a final decree of divorce. Because the timeline depends on when the separation period ends and how quickly the court schedules the hearing, each case moves at its own pace. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
How much does a divorce cost in New Kent County?
The Circuit Court filing fee for a divorce complaint is approximately with sheriff service of process around $12. If a private process server is used, fees vary. Mediation and Guardian ad litem costs may apply when custody is involved. Attorney fees depend on the complexity of the case and whether the matter remains uncontested. Contact our Richmond Location at (888) 437‑7747 to discuss the likely expenses for your circumstances.
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 eleven factors under Va. Code § 20‑107.3, including each spouse’s contributions, the length of the marriage, and the tax consequences of the division. Separate property, such as assets owned before the marriage or received as a gift or inheritance, is generally excluded. New Kent County Circuit Court handles all property division issues.
What are the grounds for divorce in Virginia?
Virginia recognizes both fault and no‑fault grounds for divorce under the Virginia Code. Fault grounds include adultery, cruelty, desertion for one year, and felony conviction with imprisonment for more than one year. No‑fault divorce requires the spouses to live separate and apart for either six months (if no minor children and the parties have signed a separation agreement) or one year. The divorce Complaint must be filed in the New Kent County Circuit Court.
How is child custody handled in an uncontested divorce in New Kent County?
In an uncontested divorce, the parties may agree on custody and visitation terms, which the court will review for alignment with the child’s best interests under the Virginia Code. When parents present a joint parenting plan that addresses physical and legal custody, the judge typically approves it if it serves the child’s welfare. If the agreement does not address custody adequately, the court may require additional information before entering the final decree. Custody matters that cannot be resolved between the parties are heard in the New Kent County Juvenile and Domestic Relations District Court.
Do I need a lawyer for an uncontested divorce in New Kent County?
While Virginia law does not require you to hire a lawyer for an uncontested divorce, legal guidance helps ensure that the separation agreement addresses all necessary issues and that the final decree is enforceable. An attorney can confirm that property divisions, support provisions, and custody arrangements are properly documented and not contrary to Virginia law. A lawyer also handles the procedural steps, including preparing the Complaint, scheduling the hearing, and presenting the corroborating witness. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Family law representation is also available in Fairfax County, Fairfax City, Falls Church, Prince William County, and Manassas.
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.