In Chesapeake, Virginia, divorce requires a 6-month separation (no minor children) or 1-year separation (with minor children) under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 6 documented case results in Chesapeake with a 100% favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute.
Last verified: April 2026 | Chesapeake General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia is an equitable distribution state, not a community property state. Under Va. Code § 20-107.3, the court divides marital property fairly based on 11 statutory factors. Mr. Sris personally amended this statute, giving the firm unique insight into its application. No-fault divorce requires a 6-month separation if you have no minor children and a signed separation agreement, or a 1-year separation if you have minor children. Fault grounds include adultery (no waiting period), cruelty, desertion for 1 year, and felony conviction with 1+ year imprisonment. 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.
For divorce specifically, the primary statute is Va. Code § 20-91, which establishes the grounds for divorce in Virginia. This section defines both no-fault grounds (separation) and fault grounds (adultery, cruelty, desertion, felony conviction). The firm’s founder, Mr. Sris, personally amended Va. Code § 20-107.3, the companion statute governing equitable distribution of marital property.
Review the official statutes: Va. Code § 20-91 (divorce grounds) — official Virginia General Assembly and Chesapeake General District Court website.
- File a complaint for divorce at Chesapeake Circuit Court, 307 Albemarle Drive, Chesapeake, VA 23322. Filing fee is approximately $86.
- Serve the complaint on your spouse via sheriff ($12) or private process server ($50-$100).
- File proof of service with the court. Your spouse has 21 days to respond.
- Attend pendente lite hearing (if needed) for temporary support and custody — typically set within 21-60 days of motion.
- Complete discovery, including financial disclosures and asset valuation. Complex estates may require forensic accountants.
- Attend final hearing with corroborating witness. Uncontested cases resolve in 2-4 months; contested cases take 9-18 months.
In Chesapeake, Virginia, divorce outcomes depend on property division, support, and custody determinations under Va. Code § 20-107.3 and § 20-124.2.
| Issue | Classification | Legal Standard | Timeline | Cost Factors | Additional Considerations |
|---|---|---|---|---|---|
| Uncontested Divorce | No-fault | 6-month separation (no children) or 1-year separation (with children) | 2-4 months | $86 filing fee + service costs | Requires signed separation agreement and corroborating witness |
| Contested Divorce | No-fault or fault | Equitable distribution under Va. Code § 20-107.3 | 9-18 months | $86 filing fee + discovery costs + attorney fees | May require mediation, Guardian ad Litem ($500-$2,500+), and experienced witnesses |
| Child Custody | Best interests of child | 10 factors under Va. Code § 20-124.3 | Varies | Guardian ad Litem: $500-$2,500+ | J&DR Court handles standalone custody; Circuit Court handles custody within divorce |
| Child Support | Guidelines-based | Va. Code § 20-108.1 — combined gross income | Ongoing | Mediation: $100-$300/hour per party | Modification available upon material change in circumstances |
| Spousal Support | Discretionary | 13 factors under Va. Code § 20-107.1 | Varies | Attorney fees vary | Duration depends on marriage length and other factors |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has documented 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs how marital property is divided in Virginia divorces. This achievement is unique among Virginia family law attorneys and demonstrates the firm’s deep understanding of family law. The firm’s 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
In Chesapeake, Law Offices Of SRIS, P.C. has 6 total documented case results across all practice areas with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond Location serves clients at Chesapeake courts (307 Albemarle Drive), accessible via I-64, I-464, I-664, Route 13, Route 17, and Route 168 (Battlefield Blvd).
Divorce lawyer near Chesapeake — serving Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
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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. 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. Chesapeake Circuit Court handles all divorces.
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 may include forensic accountants for complex estates.
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 (307 Albemarle Drive, Chesapeake, VA 23322) 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.
For more information, visit our Virginia Family Law Lawyer hub page. See also our Henrico County divorce lawyer and Chesterfield County divorce lawyer pages. For related services in Chesapeake, see our Chesapeake criminal defense lawyer and Chesapeake DUI lawyer pages.
Learn more about our attorneys: Bryan Block.
Visit our Richmond office location.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.