Divorce & Family Law Attorney in New Kent County, Virginia
In New Kent County, a no-fault divorce requires a 6-month separation if you have no minor children and a signed agreement, or a 1-year separation if minor children are involved.
Virginia Family Law Statutes
Virginia family law is governed by specific statutes that define the grounds for divorce, the division of marital property, and the standards for child custody and support. The primary statutes include Va. Code § 20-91 (divorce grounds), § 20-107.3 (equitable distribution), § 20-108.1 (child support guidelines), and § 20-124.2 (custody best interests). Mr. Sris, the firm’s founder, personally amended Va. Code § 20-107.3, the equitable distribution statute, giving our team direct insight into its application.
Last verified: March 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the most current information, refer to these official government resources:
- Va. Code Title 20, Chapter 6 (Divorce, Annulment, and Separate Maintenance) – The official Virginia statute from the state legislature.
- New Kent County General District Court Website – Official court information, forms, and contact details.
New Kent County Family Law Process
Family law cases in New Kent County are heard in two courts: the Circuit Court handles divorce and equitable distribution, while the Juvenile and Domestic Relations (J&DR) Court handles standalone custody and support matters. Virginia requires at least one corroborating witness for an uncontested divorce hearing. A signed property settlement agreement can resolve all issues without a trial.
- 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.
- File the Complaint: Your attorney files a Complaint for Divorce or other pleading with the New Kent County Circuit Court clerk, paying the $86 filing fee.
- Serve the Other Party: The sheriff or a private process server delivers the legal papers to your spouse, completing service of process.
- Attend Pendente Lite Hearing (if needed): If temporary orders for support or custody are needed, attend a pendente lite hearing, typically scheduled within 21-60 days.
- Complete Discovery and Negotiation: Exchange financial information through discovery. Negotiate a settlement agreement covering property, support, and custody.
- Final Hearing or Trial: Attend a final uncontested hearing to present your agreement to the judge, or proceed to trial if the case is contested.
Penalties and Legal Standards
In New Kent County, family law matters involve specific financial costs and timelines rather than criminal penalties. An uncontested divorce with a signed agreement typically takes 2-4 months, while a contested divorce can take 9-18 months.
| Offense / Matter | Classification / Type | Typical Timeline | Court Costs & Fees | Additional Factors |
|---|---|---|---|---|
| Uncontested Divorce | No-Fault (Separation) | 2-4 months | ~$86 filing + ~$12 service | Requires signed separation agreement |
| Contested Divorce | Fault or No-Fault | 9-18 months | Filing fee + motion costs | May require pendente lite hearings |
| Complex Equitable Distribution | High-Asset Divorce | 12-24 months | Filing fee + experienced fees | Business valuation, forensic accounting |
| Child Custody (Standalone) | Best Interests Determination | Varies | J&DR filing fees | Guardian ad Litem possible ($500-$2,500+) |
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’s attorneys have over 120 years of combined legal experience. Our unique authority in Virginia family law is anchored by Mr. Sris’s personal amendment of Va. Code § 20-107.3, the state’s equitable distribution statute. This direct involvement with the law provides a deep, practical understanding of property division that benefits 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
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. These results include divorces resolved through settlement, favorable custody arrangements, and successful modifications of support orders.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation in New Kent County
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle). We are accessible via I-64, Route 33, and Route 249. As a family law lawyer near New Kent County, we serve the communities of New Kent, Providence Forge, and Quinton.
We offer 24/7 phone consultations at (888) 437-7747. All meetings are held 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 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. Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault.
How much does a divorce cost in New Kent County, 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. Additional costs include Guardian ad Litem for custody and mediation.
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 New Kent County, Virginia?
Custody in New Kent County 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. New Kent County J&DR Court handles standalone custody. New Kent County 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 New Kent County Circuit Court.
Related Legal Resources
Explore more legal information from Law Offices Of SRIS, P.C.:
- Virginia Family Law Lawyer Hub – Overview of family law across Virginia.
- Henrico County Divorce & Family Lawyer – Family law services in a neighboring county.
- New Kent County Criminal Defense Lawyer – Defense representation for related legal issues.
- Mr. Sris Attorney Profile – Learn more about your primary attorney.
Last verified: March 2026. Information updated as of March 2026. Laws change – contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.