In Chesapeake, Virginia, divorce is governed by equitable distribution under Va. Code § 20-107.3, personally amended by Mr. Sris. Law Offices Of SRIS, P.C. has 6 documented case results in Chesapeake. Uncontested divorce typically takes 2-4 months from filing. Consultation by appointment.
Virginia Divorce Law in Chesapeake
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3, which Mr. Sris personally amended. Chesapeake Circuit Court handles all divorce, equitable distribution, and spousal support matters. No-fault divorce requires a 6-month separation if no minor children exist with a signed separation agreement, or 1-year separation if minor children are involved. Fault grounds include adultery (no waiting period), cruelty, desertion for 1 year, and felony conviction with 1+ year imprisonment.
Last verified: April 2026 | Chesapeake General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
For the complete statutory framework governing divorce in Virginia, review Va. Code § 20-91 (divorce grounds) (official Virginia General Assembly). Court procedures are managed through the Chesapeake General District Court website.
Insider Procedural Edge for Chesapeake Divorce Cases
Chesapeake Circuit Court requires at least one corroborating witness for an uncontested divorce hearing. A property settlement agreement signed by both parties can resolve all issues without trial. Mediation is available but not mandatory in Virginia. Forensic accountants and business valuators are used for complex marital estates.
- File the Complaint: File a divorce complaint at Chesapeake Circuit Court, 307 Albemarle Drive, Chesapeake, VA 23322. Filing fee is approximately $86.
- Serve Your Spouse: Serve the complaint on your spouse via sheriff ($12) or private process server ($50-$100).
- File a Pendente Lite Motion: If temporary support or custody is needed, file a pendente lite motion. Hearings are typically set within 21-60 days.
- Attend Mediation: While not mandatory, mediation ($100-$300/hour per party) can resolve property and custody issues before trial.
- Final Hearing: Present your case at the final hearing. Uncontested cases require a corroborating witness. Contested cases may require trial.
In Chesapeake, Virginia, divorce outcomes depend on the type of divorce and the complexity of assets involved. Equitable distribution determines property division.
| Issue | Classification | Timeline | Cost | Key Factors | Additional Considerations |
|---|---|---|---|---|---|
| Uncontested Divorce | No-fault | 2-4 months | $86 filing fee + service costs | Signed separation agreement | No minor children or 6-month separation |
| Contested Divorce | No-fault or fault | 9-18 months | $86 filing fee + attorney fees | Disputed property, custody, or support | May require trial |
| Complex Equitable Distribution | No-fault or fault | 12-24 months | $86 filing fee + experienced fees | Business valuation, retirement assets | Forensic accountant may be needed |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Chesapeake Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm has documented 4,739+ case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C., with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs how marital property is divided in Virginia divorces. This is a unique credential that no other family law attorney in Chesapeake can claim. Our tagline is “Advocacy Without Borders.”
Mr. Sris, Owner & CEO, Managing Attorney, also oversees all complex family law matters in Chesapeake. He is a former prosecutor who founded the firm in 1997 and personally amended Va. Code § 20-107.3.
Chesapeake Case Results
Law Offices Of SRIS, P.C. has 6 total documented case results across all practice areas in Chesapeake, with a 100% favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Chesapeake Divorce Law Services
Our Richmond Location serves clients at Chesapeake courts (307 Albemarle Drive), accessible via I-64, I-464, I-664, Route 13, Route 17, and Route 168 (Battlefield Blvd).
Looking for a divorce lawyer near Chesapeake? We serve the entire Chesapeake area, including Deep Creek, Great Bridge, and Greenbrier.
We serve clients in Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Divorce in Chesapeake
How long does a divorce take in Chesapeake, Virginia?
It depends. 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. 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 Chesapeake, Virginia?
It depends. Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour per party).
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 Chesapeake, Virginia?
Custody in Chesapeake 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. Chesapeake J&DR Court handles standalone custody. Chesapeake 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 Chesapeake Circuit Court.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.
Learn more about Virginia Family Law Lawyer.
See also our Henrico County Divorce Lawyer and Chesterfield County Divorce Lawyer pages.
Related services: Criminal Defense Lawyer Chesapeake and DUI/DWI Lawyer Chesapeake.