Family law matters involve the most personal and consequential aspects of your life. When you face a divorce, a custody dispute, or any other family-related legal issue in Virginia, the path forward can seem uncertain and overwhelming. At Law Offices of SRIS, P.C., our seasoned attorneys provide dedicated legal representation to individuals and families across the Commonwealth of Virginia. With decades of hands-on experience, we are committed to protecting your rights, your finances, and your family’s future.
From the complexities of high-net-worth divorce in Northern Virginia to sensitive child custody matters in the Hampton Roads area, our firm offers the knowledgeable guidance you need. We understand that you are not just navigating a legal process; you are restructuring your life. Our approach is to provide clear, strategic counsel tailored to your unique circumstances, ensuring you understand your options at every stage.
Our attorneys provide robust legal counsel across all facets of family law in the Commonwealth. We recognize that no two families are alike, and we tailor our representation to your specific needs and goals. Whether you are initiating a legal action or responding to one, we are here to provide the steady guidance required to navigate these challenges.
Divorce, legally termed “divorce from the bond of matrimony” in Virginia, is the formal dissolution of a marriage. It is a process that involves profound emotional and financial decisions. Our attorneys guide clients through every step, ensuring their rights are protected.
Virginia law, under § 20-91 of the Code of Virginia, allows for both “fault” and “no-fault” grounds for divorce. A no-fault divorce is the most common path and requires a period of separation—one year, or six months if there are no minor children and the parties have a signed separation agreement. Fault-based grounds, such as adultery, cruelty, or desertion, can impact certain aspects of the divorce, particularly spousal support, but they also require a higher burden of proof. We help clients evaluate the appropriate grounds for their situation and navigate the complexities of both uncontested and contested divorce proceedings.
For any parent, nothing is more important than their children’s well-being. In Virginia, all decisions regarding child custody and visitation are governed by one primary principle: the “best interests of the child.” This standard is defined by a list of factors in Virginia Code § 20-124.3, which the court must consider. These factors include the age and condition of the child, the relationship each parent has with the child, the parents’ ability to cooperate, and any history of family abuse.
We work with parents to develop comprehensive and practical parenting plans that address both legal custody (decision-making authority) and physical custody (where the child lives). Whether you are seeking joint custody, sole custody, or establishing a fair visitation schedule, our objective is to achieve a stable and supportive arrangement for your children while vigorously protecting your parental rights. This includes handling complex issues like child relocation and modification of existing custody orders.
Virginia has specific guidelines, outlined in § 20-108.2 of the Code, to determine the amount of child support a parent must pay. The calculation is based on a formula that considers each parent’s gross monthly income, the cost of work-related childcare, and the cost of health insurance for the child. While the formula provides a presumptive amount, the court can deviate from it if there is good reason to do so. Our attorneys ensure that all income is properly accounted for and that the final support order is fair and complies with Virginia law. We also assist clients with modifying child support orders when financial circumstances change and with enforcing orders when a parent fails to pay.
Spousal support, also known as alimony, is financial support paid from one spouse to another after a separation or divorce. Unlike child support, there is no set formula for calculating spousal support in Virginia. Instead, under § 20-107.1, the court weighs numerous factors to determine the nature, amount, and duration of a support award. These factors include the needs and abilities of each spouse, the standard of living during the marriage, the duration of the marriage, and the contributions (monetary and non-monetary) each spouse made to the family’s well-being. A finding of adultery can be a bar to receiving spousal support. We provide clear analysis on whether spousal support is likely in your case and advocate for a fair outcome, whether you are the paying or receiving spouse.
Virginia is an “equitable distribution” state, as outlined in § 20-107.3. This does not mean property is divided 50/50. Instead, the court divides “marital property” in a manner it deems fair and equitable. Marital property is generally defined as all assets and debts acquired by either party from the date of marriage to the date of separation. “Separate property” (like inheritances or assets owned before the marriage) is not subject to division.
This process can be one of the most contentious aspects of a divorce, especially in high-net-worth cases involving businesses, investments, or military pensions. Our role is to meticulously identify, classify, and value all assets and debts to ensure our clients receive their fair share of the marital estate.
A prenuptial agreement, governed by the Virginia Premarital Agreement Act, is a contract signed by a couple before marriage to define their rights and obligations regarding property and spousal support in the event of divorce or death. A postnuptial agreement serves a similar purpose but is signed after the marriage has begun. These agreements are powerful tools for protecting assets, clarifying financial expectations, and providing predictability. We help clients draft, review, and negotiate agreements that are clear, enforceable, and tailored to their specific financial circumstances.
Ensuring the safety of our clients and their children is our highest priority. In situations involving family abuse, Virginia law provides for the issuance of protective orders under § 16.1-279.1. A protective order can prohibit an abusive family member from having any contact, grant temporary possession of a home, and grant temporary custody of children. We provide swift and decisive representation for individuals seeking protection from abuse, guiding them through the process in the J&DR Court. We also represent individuals who have been wrongly accused and are defending against a protective order.
Our firm handles the legal processes that create and define families. We assist with various types of adoptions in Virginia, including stepparent adoptions, agency adoptions, and parental placement adoptions, ensuring all legal requirements are met to create a permanent, loving home for a child. We also represent mothers and fathers in paternity actions. Establishing legal paternity is essential for a father to secure his rights to custody and visitation, and for a mother to secure child support for her child.
A family law case is not merely a legal dispute; it is a turning point that will shape your future. The outcome of your case will have lasting financial, emotional, and parental consequences. Without knowledgeable legal representation, you risk an unfavorable division of property, an unsustainable support obligation, or a custody arrangement that does not serve your child’s best interests or protect your relationship with them.
For example, a misstep in the equitable distribution process under § 20-107.3 could result in the loss of significant assets, including retirement funds and real estate. An improperly calculated support award under § 20-107.1 or § 20-108.2 could create years of financial hardship. In custody matters, a failure to present a compelling case based on the factors in § 20-124.3 could permanently alter your role in your child’s life. The stakes are simply too high to navigate alone. An experienced Virginia family lawyer acts as your advocate and guide, working to mitigate these risks and secure a resolution that provides stability and security for your future.
Understanding Virginia’s two-tiered court system for family matters is fundamental to a successful strategy. Most individuals will interact with two primary courts: the Juvenile and Domestic Relations District Court (J&DR Court) and the Circuit Court. Knowing which court handles which issue is critical.
Our attorneys are adept at practicing in both court systems. We leverage the J&DR court for immediate needs like temporary support or protective orders and meticulously prepare for the comprehensive litigation required in Circuit Court to finalize a divorce and all its related components.
The Law Offices of SRIS, P.C. is a true Virginia law firm, representing clients across the diverse legal landscapes of the Commonwealth. Our extensive experience means we are not only familiar with state law but also with the local rules, procedures, and judicial tendencies of courts in numerous jurisdictions.
We proudly serve clients in:
No matter where you are in Virginia, our firm provides the same high level of dedicated legal representation, combining statewide knowledge with a localized approach.
Preparation is the cornerstone of an effective legal strategy. To empower our clients from the very beginning, we have developed this readiness guide. Taking these steps before or during your initial case assessment will help you get organized and allow us to provide you with more targeted and effective advice.
Step 1: Gather Key Personal and Legal Documents
Locate and make copies of the following, if applicable:
Step 2: Prepare a Preliminary Financial Overview
Compile documents that paint a clear picture of your family’s finances. This is crucial for matters of support and equitable distribution.
Step 3: Outline Your Goals and Questions
Think carefully about what you want to achieve.
By organizing this information, you take a proactive role in your case and help us build the strongest possible strategy on your behalf.
Our goal is to find the most effective and efficient path to a favorable resolution for you. While every case is unique, most resolutions are achieved through one of three primary methods.
Navigating a family law case is fraught with potential pitfalls. As your counsel, our job is to help you avoid them. Here are some of the most common and damaging mistakes we see people make:
Scenario 1: The Military Divorce in Hampton Roads
A Chief Petty Officer stationed at NAS Oceana in Virginia Beach and his spouse decide to divorce after 15 years of marriage. They have two children. Key issues include how to create a custody plan that works around deployments, how to divide the military pension (the Thrift Savings Plan and retired pay), and how to address BAH and other military benefits in support calculations. The case requires an attorney who understands the federal Uniformed Services Former Spouses’ Protection Act (USFSPA) and its interaction with Virginia’s equitable distribution laws.
Scenario 2: The High-Asset Divorce in Northern Virginia
An executive in Arlington and her surgeon spouse are divorcing. Their marital estate includes a primary residence in Arlington, a vacation home in Massanutten, multiple investment portfolios, and the surgeon’s medical practice. The key challenges are accurately valuing the medical practice, tracing separate property contributions to marital assets, and negotiating a complex spousal support and equitable distribution agreement that minimizes tax consequences.
Scenario 3: The Custody and Support Case in Richmond
An unmarried couple in Henrico County with a 4-year-old child have separated. The mother has been the primary caregiver, and the father now wants to establish a formal custody and visitation schedule. The mother is concerned because the father has an inconsistent work history. The case must be filed in the Henrico J&DR Court to first establish paternity, then to create a custody and visitation order based on the child’s best interests, and finally to set a child support amount based on Virginia’s guidelines.
One of the parties must be a resident and domiciliary of Virginia for at least six months before filing for divorce.
While not strictly required for all divorces, a separation agreement is highly recommended. For a no-fault divorce based on six months of separation, a signed agreement is mandatory.
Judges decide custody based on the "best interests of the child," considering the ten-plus factors listed in Virginia Code § 20-124.3. This is a holistic analysis of the family's situation.
No. A parent wishing to relocate with a child must typically obtain permission from the other parent or the court. The parent must provide 30 days' advance written notice of the intended move.
Legal custody refers to the right to make important decisions for your child (e.g., medical, educational, religious). Physical custody refers to where the child lives on a day-to-day basis.
No. Virginia is an "equitable distribution" state. The court divides marital property in a way it finds fair, which may or may not be a 50/50 split.
Spousal support (alimony) is determined on a case-by-case basis. The court considers many factors, including the spouses' needs, ability to pay, length of the marriage, and contributions to the family. Adultery can be a bar to receiving support.
The cost varies dramatically depending on the complexity of the issues and the level of conflict between the parties. Cases resolved through negotiation or mediation are generally far less expensive than those that go to a full trial.
Yes, under certain circumstances. A grandparent can petition the court for visitation rights, but they must prove that the child would suffer actual harm if the visitation is denied.
A protective order is a civil order from a J&DR court designed to prevent acts of family abuse. It can order an abuser to have no contact, stay away from the home and workplace, and can grant temporary custody of children.
Yes. Either parent can petition the court to modify a child support order if there has been a "material change in circumstances" since the last order was entered.
A prenuptial agreement that is properly executed and is not unconscionable is generally enforceable in Virginia. It must be in writing and signed voluntarily, with a fair and reasonable disclosure of assets.
The best first step is to schedule a confidential case assessment with a seasoned family law attorney. This allows you to understand your rights, obligations, and legal options before making any critical decisions.
You should bring any existing legal documents, a list of your assets and debts if possible, and a written list of your questions and goals. Refer to our Case Readiness Guide for a more detailed list.
In some cases, a court may order one party to contribute to the other party's attorney's fees, particularly if there is a significant disparity in income or if one party has acted in bad faith. However, this is not guaranteed.
When facing the stress and uncertainty of a family law matter, you need clear, honest, and strategic legal counsel. The decisions you make today will have a lasting impact. At the Law Offices of SRIS, P.C., we provide the dedicated representation and knowledgeable guidance to help you navigate this transition and build a secure foundation for your future.
To discuss your Virginia family law case in a confidential setting, contact our office.
Contact Law Offices of SRIS, P.C. at 888-437-7747 to schedule a case assessment.
Disclaimer: The information on this website is for general informational purposes only and is not legal advice. The attorney-client relationship is not established by visiting this website or contacting the firm. You should not act or refrain from acting based on this information without seeking professional legal counsel specific to your case. The results of past cases are not a guarantee of future outcomes.
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Criminal Defense & Family Law
Mr. SRIS Licensed in VA, MD, NJ, NY, DCOwner & CEO – Former Prosecutor