Divorce & Family Law Attorney in New Kent County, Virginia
Virginia Family Law Statutes
Virginia family law is governed by specific statutes that define divorce grounds, property division, and child-related matters. The primary laws 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). Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, brings over 120 years of combined legal experience to these cases.
Last verified: March 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the most current statutory language, refer to the official Virginia Code: Va. Code § 20-91 (official Virginia General Assembly). Court-specific procedures and forms are available from the New Kent County General District Court website.
New Kent County Family Law Process
Family law cases in New Kent County follow a structured process through the Circuit Court and Juvenile and Domestic Relations Court. Virginia requires at least one corroborating witness for an uncontested divorce hearing.
- File the initial complaint: File a Complaint for Divorce with the New Kent County Circuit Court Clerk’s Office. Pay the $86 filing fee and arrange for service of process on your spouse.
- Attend the pendente lite hearing: If temporary support or custody orders are needed, file a pendente lite motion. The court typically schedules a hearing within 21-60 days.
- Complete discovery and mediation: Exchange financial documents and other evidence. The court may refer the case to mediation to attempt settlement on custody and property division.
- Prepare for the final hearing: If settlement is not reached, prepare for trial. Present evidence on equitable distribution factors, child custody best interests, and support calculations.
- Obtain the final decree: The judge will issue a final decree of divorce, including orders on property division, custody, visitation, and support. The decree is enforceable immediately.
Penalties and Legal Standards
In New Kent County, family law matters involve specific legal standards rather than criminal penalties. Virginia requires a 6-month separation for no-fault divorce (no minor children with signed agreement) or a 1-year separation (with minor children). Fault grounds include adultery, cruelty, desertion for one year, or felony conviction with imprisonment for one year or more.
| Issue | Legal Standard | Court | Typical Timeline | Key Consideration |
|---|---|---|---|---|
| Divorce | No-fault (separation) or fault grounds | Circuit Court | 2-24 months | Separation period requirement |
| Property Division | Equitable distribution (11 factors) | Circuit Court | Varies by complexity | Va. Code § 20-107.3 factors |
| Child Custody | Best interests of the child (10 factors) | J&DR or Circuit | 3-12 months | Parenting plans required |
| Child Support | Virginia guidelines based on income | J&DR or Circuit | Establishment: 1-3 months | Income shares model |
| Spousal Support | 13 statutory factors | Circuit Court | Determined at final hearing | Duration and amount variable |
Results may vary based on the specific facts of each case.
Firm Credentials and Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris, who personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Our firm has over 120 years of combined legal experience and has achieved 4,739+ case results firm-wide with a 93%+ favorable outcome rate. We provide full representation in family law matters with a case-specific approach.
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 in New Kent County
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County with a 100% favorable outcome rate. Our firm-wide experience includes 4,739+ case results across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Results may vary based on the specific facts of each case.
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, Route 249, and Route 60. As a family law lawyer near New Kent County, we represent clients throughout New Kent, Providence Forge, and Quinton.
24/7 phone consultations — (888) 437-7747 — meetings 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
Virginia Family Law Lawyer | Henrico County Family Law Lawyer | New Kent County Criminal Defense Lawyer | Attorney Bryan Block Profile
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.