
In Chesapeake, Virginia, divorce is governed by 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. An Out Of State Divorce Enforcement Lawyer Chesapeake can help enforce or modify a divorce decree from another state.
Last verified: April 2026 | Chesapeake General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia Divorce Law and Equitable Distribution
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The court considers 11 factors under Va. Code § 20-107.3 to determine a fair division. Mr. Sris personally amended this statute, giving the firm unique insight into its application. For no-fault divorce, Virginia 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, cruelty, desertion for 1 year, and felony conviction with imprisonment for 1+ year. An Out Of State Divorce Enforcement Lawyer Chesapeake can assist when a divorce decree from another state needs enforcement in Virginia.
For the full text of Virginia’s divorce statutes, see Va. Code § 20-91 (divorce grounds) and Va. Code § 20-107.3 (equitable distribution). For court information, visit the Chesapeake General District Court website.
Insider Procedural Edge: Chesapeake Family Law
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.
- Initial Consultation: Meet with an Out Of State Divorce Enforcement Lawyer Chesapeake to review your situation and determine whether your case involves interstate issues.
- File the Complaint: Your attorney files a divorce complaint at Chesapeake Circuit Court, 307 Albemarle Drive, Chesapeake, VA 23322. Filing fee is approximately $86.
- Serve the Other Party: The other spouse must be served with the complaint. Sheriff service costs approximately $12; private process server costs $50-$100.
- Negotiate or Mediate: Most Chesapeake divorce cases resolve through negotiation or mediation. Mediation costs $100-$300 per hour per party.
- Final Hearing: For uncontested divorces, a brief hearing with one corroborating witness is required. Contested cases proceed to trial.
In Chesapeake, Virginia, divorce outcomes depend on the type of divorce and the issues involved.
| Issue | Classification | Timeline | Cost | Key Factors | Additional Considerations |
|---|---|---|---|---|---|
| Uncontested Divorce | No-fault | 2-4 months | $86 filing fee + service costs | 6-month separation (no minor children) or 1-year separation (with minor children) | Requires signed separation agreement |
| Contested Divorce | Fault or No-fault | 9-18 months | $86 filing fee + attorney fees + court costs | Disputed property, custody, or support | May require Guardian ad Litem ($500-$2,500+) |
| Child Custody | Best interests of child | Varies | Guardian ad Litem: $500-$2,500+ | 10 factors under Va. Code § 20-124.3 | Handled in J&DR Court if standalone |
| Spousal Support | 13 statutory factors | Varies | Attorney fees vary | Duration of marriage, earning capacity, standard of living | Modifiable upon change in 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 Matter?
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 credential no other firm can claim. This firsthand knowledge of the statute’s language and intent provides a powerful advantage in property division cases. The firm has 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC, with a 93%+ favorable outcome rate. Our dissolution of marriage lawyer Chesapeake team understands local court procedures and can guide you through every step.
Samantha Rae Powers — Of Counsel
Virginia Bar (2023) | Florida Bar (2005) | J.D./M.A. University of Florida 2005 | Ph.D. Communication UCSB 2017 | 18+ years experience
Samantha Powers focuses her practice on Virginia family law, including divorce, equitable distribution, spousal support, and child custody. Her advanced communication background provides a unique advantage in negotiation and courtroom advocacy.
Case Results in Chesapeake
Law Offices Of SRIS, P.C. has 6 total documented case results across all practice areas in Chesapeake, with a 100% favorable outcome rate. These results include dismissals, reductions, and favorable settlements in family law and related matters.
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).
We serve clients throughout Chesapeake, including Deep Creek, Great Bridge, and Greenbrier.
Looking for a family law lawyer near Chesapeake? We are here to help.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
By appointment only.
Frequently Asked Questions About Divorce in Chesapeake, Virginia
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. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Attorney fees vary based on complexity.
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 matters.
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.
Can I enforce a divorce decree from another state in Chesapeake?
Yes. An Out Of State Divorce Enforcement Lawyer Chesapeake can help register and enforce a foreign divorce decree in Virginia courts. The Uniform Interstate Family Support Act (UIFSA) governs interstate child support enforcement, and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs custody.
Related Legal Services
- Virginia Family Law Lawyer
- Henrico County Divorce Lawyer
- Chesterfield County Divorce Lawyer
- Chesapeake Criminal Defense Lawyer
- Chesapeake DUI Lawyer
- Richmond Office Location
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.