Divorce & Family Law Attorney in Chesapeake, Virginia
Virginia Family Law Statutes
Virginia family law is codified in Title 20 of the Virginia Code. Key statutes include Va. Code § 20-91 (divorce grounds), § 20-107.3 (equitable distribution of marital property), § 20-108.1 (child support guidelines), and § 20-124.2 (custody based on the child’s best interests). Virginia is an equitable distribution state, not a community property state, meaning marital property is divided fairly based on 11 statutory factors, not necessarily 50/50.
Last verified: March 2026 | Chesapeake General District Court | Virginia General Assembly
Official Legal Resources
For the complete text of Virginia family law statutes, visit the Virginia Code Title 20 (Domestic Relations) on the official Virginia General Assembly website. For court-specific procedures and forms, refer to the Chesapeake General District Court website.
Chesapeake Family Court Process
Chesapeake Circuit Court handles all divorce, equitable distribution, and spousal support matters at 307 Albemarle Drive. Chesapeake Juvenile and Domestic Relations District Court handles standalone custody, visitation, child support, and protective orders. Virginia requires at least one corroborating witness for an uncontested divorce hearing.
- File initial pleadings: File a complaint for divorce, custody, or support at Chesapeake Circuit Court with the required filing fee.
- Serve the other party: Have the complaint and summons served by sheriff, private process server, or acceptance of service.
- Attend pendente lite hearing: If temporary orders are needed, attend the pendente lite hearing typically scheduled within 21-60 days.
- Complete discovery: Exchange financial documents, answer interrogatories, and conduct depositions as needed.
- Attempt settlement: Participate in mediation or settlement negotiations to resolve issues without trial.
- Proceed to trial: If settlement fails, present your case at trial before a Chesapeake Circuit Court judge.
Divorce Penalties and Costs in Chesapeake
In Chesapeake, divorce carries no criminal penalties but involves court costs, attorney fees, and potential financial obligations like child support, spousal support, and property division.
| Issue | Legal Standard | Potential Outcome | Court Costs |
|---|---|---|---|
| Property Division | Equitable Distribution (Va. Code § 20-107.3) | Fair division based on 11 factors | Varies by complexity |
| Child Support | Virginia Guidelines (Va. Code § 20-108.1) | Based on combined income & custody | Filing fee applies |
| Spousal Support | 13 statutory factors (Va. Code § 20-107.1) | Temporary or permanent award | Motion filing fee |
| Custody | Best interests of child (Va. Code § 20-124.3) | Legal & physical custody orders | Guardian ad Litem fees |
Results may vary. The outcomes described are not guarantees of any specific result in your case.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined attorney experience. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. Our tagline is “Global advocacy. Local precision.”
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
Chesapeake Case Results
Law Offices Of SRIS, P.C. has 6 documented case results in Chesapeake across all practice areas with a 100% favorable outcome rate. These results include dismissals, reductions, and favorable settlements in family law matters.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation
Our Richmond location serves clients at Chesapeake courts (307 Albemarle Drive). We are a family law lawyer near Chesapeake, serving Chesapeake, Deep Creek, Great Bridge, and Greenbrier. We offer 24/7 phone consultations at (888) 437-7747. 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 Chesapeake, 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.
How much does a divorce cost in Chesapeake, 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.
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.
Related Legal Resources
Virginia Family Law Lawyer | Henrico County Family Law Lawyer | Chesapeake Criminal Defense Lawyer | Attorney Mr. Sris Profile
Last verified: March 2026. Information current as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.