In Chesapeake, Virginia, divorce follows 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 divorces take 2-4 months; contested cases take 9-18 months. Consultation by appointment.
Virginia Family Law Statutes Governing Chesapeake Divorce
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 (personally amended by Mr. Sris). No-fault divorce requires a 6-month separation if no minor children and a signed separation agreement, or a 1-year separation if minor children are involved. Fault grounds include adultery (no waiting period), cruelty, desertion for 1 year, and felony conviction with imprisonment for 1+ year. Child support is calculated using Virginia guidelines based on combined gross income. Spousal support is determined by 13 statutory factors under Va. Code § 20-107.1.
Last verified: April 2026 | Chesapeake General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
Official Court and Statute Resources
Review the official Virginia statute governing equitable distribution: Va. Code § 20-107.3 (official Virginia General Assembly). For court procedures and filing information, visit the Chesapeake General District Court website.
Insider Procedural Edge for Chesapeake Family Law Cases
Chesapeake Circuit Court handles all divorce, equitable distribution, and spousal support matters. Chesapeake Juvenile and Domestic Relations Court handles standalone custody, visitation, child support, and protective orders. Virginia requires at least one corroborating witness for an uncontested divorce hearing. A property settlement agreement (separation 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) with the $86 filing fee.
- Serve Your Spouse: Have your spouse served with the complaint by the sheriff ($12) or a private process server ($50-$100).
- File a Pendente Lite Motion: If you need temporary support or custody, file a pendente lite motion. Hearings are typically set within 21-60 days.
- Attend Mediation (Optional): Mediation costs $100-$300 per hour per party and can help resolve issues without trial.
- Final Hearing: For uncontested divorces, attend a brief hearing with your corroborating witness. For contested cases, prepare for trial.
In Chesapeake, Virginia family law matters involve equitable distribution of marital property, child support, and spousal support determinations.
| Issue | Legal Standard | Timeline | Cost Considerations |
|---|---|---|---|
| Uncontested Divorce | No-fault, 6-month separation (no children) or 1-year (with children) | 2-4 months | $86 filing fee + service costs |
| Contested Divorce | Fault or no-fault grounds | 9-18 months | $86 filing fee + attorney fees + potential GAL costs |
| Child Custody | Best interests of the child (10 factors under Va. Code § 20-124.3) | Varies | GAL: $500-$2,500+; Mediation: $100-$300/hour |
| Child Support | Virginia guidelines based on combined gross income | Ongoing | Modification possible with changed circumstances |
| Spousal Support | 13 statutory factors under Va. Code § 20-107.1 | Varies | Modification possible with changed circumstances |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Chesapeake Family Law Case
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. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a rare achievement that demonstrates deep knowledge of family law. The firm has 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. Our tagline is “Advocacy Without Borders.”
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 Family Law 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 Family Law Services
Our Richmond location serves clients at Chesapeake courts (307 Albemarle Drive). We are accessible via I-64, I-464, I-664, Route 13, Route 17, and Route 168 (Battlefield Blvd).
Searching for a family law lawyer near Chesapeake? We serve the Chesapeake, Deep Creek, Great Bridge, and Greenbrier communities.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
By appointment only.
Frequently Asked Questions About Chesapeake Family Law
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. Guardian ad Litem for custody: typically $500-$2,500+. Mediation: $100-$300/hour per party. Additional costs may apply for complex cases.
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 from division.
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 this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.