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 § 20-124.3 (custody best interests factors). 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). For court-specific information, forms, and procedures, 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.
- Initial consultation and document gathering: Schedule a consultation with Law Offices Of SRIS, P.C. to review your situation. Gather financial documents, marriage certificate, and any existing agreements.
- File the complaint with Chesapeake Circuit Court: Your attorney files the divorce complaint at Chesapeake Circuit Court (307 Albemarle Drive). Pay the $86 filing fee and arrange for service of process.
- Attend pendente lite hearing if needed: If temporary support or custody orders are needed, attend a pendente lite hearing typically scheduled within 21-60 days of filing the motion.
- Complete discovery and negotiation: Exchange financial information through discovery. Negotiate a settlement agreement covering property division, support, and custody if possible.
- Final hearing or trial: Attend the final uncontested hearing if settlement is reached. If not, proceed to trial where the judge decides all contested issues.
Penalties and Consequences
In Chesapeake, family law matters involve financial and custodial consequences rather than criminal penalties. Equitable distribution divides marital assets and debts fairly. Child support is calculated using Virginia guidelines based on combined gross income.
| Issue | Legal Standard | Financial Impact | Additional Consequences |
|---|---|---|---|
| Divorce Filing | No-fault (separation) or fault grounds | Court fees: ~$86 + service costs | 6-month or 1-year waiting period |
| Equitable Distribution | 11 factors under Va. Code § 20-107.3 | Division of marital property & debts | Business valuation may be required |
| Child Support | Virginia guidelines based on income | Monthly payments based on formula | Health insurance and childcare costs added |
| Spousal Support | 13 factors under Va. Code § 20-107.1 | Temporary or permanent payments | Duration based on marriage length |
| Custody Violation | Contempt of court | Fines, attorney fees | Modified custody arrangement |
Results may vary. Each case depends on unique facts and circumstances.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to family law cases in Chesapeake. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep involvement in Virginia family law development. The firm maintains a 93%+ favorable outcome rate across thousands of cases.
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 Chesapeake
Law Offices Of SRIS, P.C. has 6 documented case results in Chesapeake across all practice areas, with a 100% favorable outcome rate for family law matters. These results include successful property division settlements, favorable custody arrangements, and appropriate child support determinations.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation
Our Richmond location serves clients at Chesapeake courts. We represent clients throughout Chesapeake, Deep Creek, Great Bridge, and Greenbrier. As a family law lawyer near Chesapeake, we provide 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only at our Richmond location.
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. 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?
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). Chesapeake Circuit Court handles all property division. 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. Circuit Court filing fee for divorce complaint: approximately $86.
Related Legal Resources
For more information, visit our Virginia Family Law Lawyer hub page. We also serve neighboring areas including Henrico County family law and Chesterfield County family law. For other legal needs in Chesapeake, see our Chesapeake criminal defense and Chesapeake DUI defense pages. Learn more about our attorneys.
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.