Family Law Lawyer Virginia, VA

Q: Is Virginia a community property state?

No, Virginia is an equitable distribution state. That means the court divides marital property fairly—not necessarily 50/50—using eleven factors. The court considers each spouse’s contributions to the marriage, the length of the marriage, the age and health of the parties, and how and when property was acquired. Separate property, such as assets owned before marriage or received by gift or inheritance, is generally not subject to division.

You are sitting at your kitchen table after another difficult conversation with your spouse. Maybe the marriage has been strained for years, or perhaps a recent event has made you realize that staying together is no longer possible. You start searching for “family law lawyer Virginia, VA” because you need to understand what comes next—how the divorce process works, what will happen with the children, and how property gets divided. You are looking for straightforward guidance from an attorney who understands Virginia’s laws. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team have represented individuals in family law matters across Virginia since 1997. Reach our location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.

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What Family Law Means in Virginia

Family law in Virginia covers a wide range of domestic relations issues. Divorce is often the starting point, but family law also includes child custody and visitation, child support, spousal support (alimony), equitable distribution of marital property, adoption, guardianship, and protective orders. The legal rules are primarily found in Title 20 of the Virginia Code. Virginia is an equitable distribution state, not a community property state. This means that when a marriage ends, the court divides marital property fairly—though not necessarily equally—based on a set of statutory factors. The Circuit Court has exclusive jurisdiction over divorce cases, while the Juvenile and Domestic Relations District Court handles matters such as custody, support, and protective orders when they are not part of a divorce action.

In Virginia, you must meet a residency requirement to file for divorce: one party must have been a resident and domiciliary of the Commonwealth for at least six months before the suit begins (Va. Code § 20-97). Grounds for divorce include both fault and no-fault options. A no-fault divorce is available after a one-year separation, or after six months of separation if there are no minor children and the parties have entered into a separation agreement (Va. Code § 20-91). Fault grounds—such as adultery, cruelty, desertion, or conviction of a felony—remain available, though they can involve additional proof. Understanding which ground applies to your situation and how it affects property division and support is a critical early step, and consulting an experienced family law attorney can help clarify your path forward.

How Mr. Sris and His Of Counsel Handle Family Law Cases

When you engage Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel approach your family law matter with a focus on thorough preparation and clear communication. The process typically begins with an initial consultation during which you discuss your circumstances, goals, and any immediate concerns. From there, the team gathers necessary documents, identifies the legal issues that must be resolved—whether they involve custody, support, or property division—and develops a strategy that reflects Virginia law and the specific practices of the court in your locality.

Much of family law involves negotiation. Mr. Sris and his Of Counsel work to reach fair settlements through separation agreements that can address all outstanding issues without the need for a trial. When settlement is not possible, they represent clients in contested hearings and trials before the Circuit Court. The team is familiar with the procedural requirements in courtrooms across the Commonwealth, from Fairfax County to the Shenandoah Valley. Throughout the process, they help you make informed decisions while protecting your rights under Virginia law. The schedule of any case depends on the court’s calendar, the complexity of the property or custody dispute, and the willingness of both parties to cooperate, but you will receive straightforward assessments of what to expect along the way.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is a former prosecutor and concentrates his work in family law, criminal defense, and immigration. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His in-depth knowledge of the equitable distribution statute, positions him to handle complex property division matters, including those involving business interests, retirement accounts, and high-value assets. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

Working alongside Mr. Sris is a team of Of Counsel attorneys, each of whom brings extensive legal experience to the firm’s family law practice. Collectively, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. They have documented 4,739+ case results across all practice areas since 1997. The team handles everything from uncontested divorces to high-conflict custody disputes and complex property division, always with attention to the unique facts of each client’s situation.

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Frequently Asked Questions

How long does a divorce take in Virginia?

The time it takes to finalize a divorce in Virginia depends on whether the case is contested, the mandatory separation period that applies, and the court’s calendar. An uncontested divorce with a signed separation agreement can move relatively quickly once the required separation period has been met, while a contested divorce that involves disputes over custody, support, or property division generally takes longer. Cases involving complex business valuations or international assets may extend further. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How is child custody decided in Virginia?

Virginia courts decide custody based on the best interests of the child, using ten factors listed in Va. Code § 20-124.3. These factors include each parent’s role in the child’s life, the child’s relationship with each parent, the child’s age and health, and any history of family abuse. The court can award joint custody or primary physical custody to one parent, with visitation for the other. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

What are the grounds for divorce in Virginia?

Virginia recognizes both fault and no-fault grounds for divorce under Va. Code § 20-91. No-fault divorce requires either a one-year separation or a six-month separation if the couple has no minor children and a written separation agreement is in place. Fault grounds include adultery, cruelty, willful desertion for one year, and felony conviction with imprisonment of more than one year. Adultery, if proven, eliminates the waiting period entirely. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Is Virginia a community property state?

No, Virginia is an equitable distribution state. That means the court divides marital property fairly—not necessarily 50/50—using eleven factors. The court considers each spouse’s contributions to the marriage, the length of the marriage, the age and health of the parties, and how and when property was acquired. Separate property, such as assets owned before marriage or received by gift or inheritance, is generally not subject to division.

Do I need a lawyer for a family law matter in Virginia?

While there is no legal requirement to hire an attorney, having an experienced family law lawyer can help protect your rights and interests, especially when children, property, or support are at stake. The procedural rules in Virginia courts, the complexity of equitable distribution, and the long-term consequences of custody and support orders make professional guidance advisable. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What is the difference between legal separation and divorce in Virginia?

Virginia does not have a formal “legal separation” status; couples either remain married or obtain a divorce. However, a couple can live apart and enter into a written separation agreement that resolves custody, support, and property issues. That agreement can later be incorporated into a final divorce decree. Living separate and apart under such an agreement is also the basis for a no-fault divorce after the required separation period.

Virginia family law primary sources:
Virginia Code Title 20 (Domestic Relations) ·
Virginia Circuit Courts ·
Virginia Juvenile and Domestic Relations District Courts

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Results may vary.

Case results depend on a variety of factors unique to each case.