Divorce Lawyer Chesapeake — How to File for Divorce in Chesapeake, VA
A divorce in Chesapeake, Virginia, is a legal action filed in Chesapeake Circuit Court to dissolve a marriage. Virginia law provides for both no-fault and fault-based grounds under Va. Code § 20-91. As your Chesapeake divorce lawyer, Law Offices Of SRIS, P.C. provides full representation for the dissolution of marriage, including complex property division and child custody matters.
Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly
Virginia Divorce Law and Grounds
Divorce in Virginia is governed by state statute. The primary grounds are outlined in the Virginia Code. A no-fault divorce requires a period of separation: six months if you have no minor children and a signed property settlement agreement, or one year if you have minor children. Fault grounds, which do not have a mandatory waiting period, include adultery, cruelty, desertion for one year, or a felony conviction resulting in imprisonment for one year or more. The equitable distribution of marital property is controlled by Va. Code § 20-107.3, a statute personally amended by Mr. Sris of our firm. This law requires a fair, but not necessarily equal, division of assets and debts acquired during the marriage.
- Consult with a divorce lawyer Chesapeake to discuss your grounds and strategy.
- File a Complaint for Divorce with the Chesapeake Circuit Court Clerk’s Office, paying the filing fee.
- Ensure your spouse is formally served with the divorce papers.
- Participate in discovery and any necessary settlement negotiations or mediation.
- Attend the final uncontested hearing or proceed to trial if the case is contested.
- Obtain the final divorce decree from the judge, legally ending the marriage.
Official Legal Resources
For the full text of Virginia’s divorce laws, refer to the official Virginia Code Title 20, Chapter 6. For local forms and procedures, visit the Chesapeake Circuit Court website.
In Chesapeake, a divorce can resolve issues of property division, spousal support, child custody, and child support, with outcomes determined by Virginia statutory factors.
| Issue | Governing Law | Key Consideration |
|---|---|---|
| Grounds for Divorce | Va. Code § 20-91 | No-fault separation or fault-based grounds |
| Property Division | Va. Code § 20-107.3 | Equitable distribution of marital property |
| Spousal Support | Va. Code § 20-107.1 | Based on need, ability to pay, and 12 other factors |
| Child Custody | Va. Code § 20-124.2 | Best interests of the child standard |
| Child Support | Va. Code § 20-108.1 | Calculated via state guidelines based on income |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Chesapeake Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm’s deep experience in Virginia family law is anchored by Mr. Sris’s personal work amending the state’s equitable distribution statute, Va. Code § 20-107.3. This unique insight into the legislative intent behind the law provides a distinct advantage in complex property division cases. With over 120 years of combined attorney experience and more than 4,739 firm-wide case results, we bring a proven approach to dissolution of marriage matters in Chesapeake.
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
Our team, including secondary attorney Mr. Sris—a former prosecutor and founder with multi-state bar admissions—has handled numerous family law matters. We have achieved documented favorable outcomes for clients in Chesapeake.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Chesapeake Divorce Lawyer
Our Richmond location serves clients in Chesapeake and the surrounding communities of Deep Creek, Great Bridge, and Greenbrier. We are accessible via I-64 and other major highways. If you need a dissolution of marriage lawyer Chesapeake residents trust, contact us for a confidential consultation.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
How long does a divorce take in Chesapeake, Virginia?
It depends. An uncontested divorce with a signed separation agreement can take 2-4 months from filing. A contested divorce often takes 9-18 months, and cases with complex property division can take 12-24 months. The timeline is set by Virginia’s mandatory separation periods and court scheduling.
How much does a divorce cost in Chesapeake, Virginia?
The court filing fee for a divorce complaint is about $86. Additional costs include fees for serving papers ($12-$100), motions, and potentially a Guardian ad Litem for custody ($500-$2,500+). Attorney fees vary based on case complexity, whether it is contested, and the need for experts like business valuators.
Is Virginia a community property state?
No. Virginia is an equitable distribution state. Marital property is divided fairly based on 11 factors in Va. Code § 20-107.3, not necessarily 50/50. Separate property, like assets owned before marriage or received by gift, is not divided.
How is child custody decided in Chesapeake?
Custody is based on the child’s best interests under Va. Code § 20-124.3. The court considers factors like each parent’s relationship with the child, parental cooperation, and the child’s needs. Standalone custody cases are in Juvenile & Domestic Relations Court, while custody within a divorce is in Circuit Court.
What are the grounds for divorce in Virginia?
Grounds include no-fault separation (6 months or 1 year) and fault grounds like adultery, cruelty, desertion (1 year), or felony conviction. A fault ground does not require a waiting period but must be proven in court. Understanding how to file for divorce lawyer Chesapeake assistance starts with identifying the correct ground.
For more information, see our Virginia Family Law hub page. We also assist with Chesapeake criminal defense and DUI cases.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.