A final decree is not self-executing. A Post Divorce Enforcement Lawyer Chesapeake helps enforce property division, spousal support, and custody orders under Va. Code § 20-107.3. Law Offices Of SRIS, P.C. has 6 documented results in Chesapeake. Consultation by appointment.
Last verified: April 2026 | Chesapeake General District Court | Virginia General Assembly
Post-divorce enforcement in Virginia involves court action to compel compliance with a final decree. Under Va. Code § 20-107.3 (equitable distribution — personally amended by Mr. Sris), the court retains jurisdiction to enforce its own orders. When one party fails to transfer property, pay support, or comply with custody terms, the other party may file a motion for contempt or a rule to show cause. The court can impose sanctions, wage garnishment, or even jail time for willful noncompliance. Founded in 1997, Mr. Sris brings former prosecutor insight to enforcement cases.
For the official statute governing post-divorce enforcement, see Va. Code § 20-107.3 (official Virginia General Assembly). For court procedures, visit the Chesapeake General District Court website.
In Chesapeake Circuit Court, enforcement motions require specific pleading of the decree provision violated. Judges expect a certified copy of the final decree attached to the motion.
- Obtain a certified copy of your final decree from the Chesapeake Circuit Court clerk.
- File a motion for contempt or rule to show cause at 307 Albemarle Drive.
- Serve the opposing party with the motion and a summons via sheriff or private process server.
- Attend the show cause hearing; present evidence of noncompliance.
- Request specific remedies: wage garnishment, property seizure, or attorney fees.
- Obtain a court order for enforcement; file it with the appropriate agency if needed.
In Chesapeake, post-divorce enforcement carries contempt penalties including fines, wage garnishment, and potential incarceration for willful noncompliance.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Willful failure to pay spousal support | Civil contempt | Up to 12 months | Up to $2,500 | None | Wage garnishment, lien on property |
| Willful failure to transfer property | Civil contempt | Up to 12 months | Up to $2,500 | None | Court may order sheriff to seize property |
| Willful violation of custody order | Civil contempt | Up to 12 months | Up to $2,500 | None | Custody modification possible |
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 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, giving the firm unique insight into post-divorce enforcement. The firm maintains a 93%+ favorable outcome rate.
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 Richmond location serves clients at Chesapeake courts (307 Albemarle Drive), accessible via I-64, I-464, and I-664. We serve Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
Post divorce enforcement lawyer near Chesapeake — available 24/7.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
How long does a divorce take in Chesapeake, Virginia?
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. 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 6 total documented case results across all practice areas (100% favorable outcome rate)
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 include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Chesapeake General District Court.
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. 6 total documented case results across all practice areas (100% favorable outcome rate)
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; 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
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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.