Divorce & Family Law Attorney in New Kent County, Virginia
Virginia Family Law Statutes
Virginia family law is governed by specific statutes. Divorce requires a 6-month separation with no minor children and a signed agreement, or a 1-year separation with minor children, under Va. Code § 20-91. Property division follows equitable distribution principles in Va. Code § 20-107.3, which considers 11 factors for a fair, not necessarily equal, division. Child custody is determined by the child’s best interests under Va. Code § 20-124.3, and child support follows the state guidelines in Va. Code § 20-108.1.
Last verified: March 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s family law statutes, visit the Virginia Code Title 20, Chapter 6 (official Virginia General Assembly). For court-specific information, forms, and procedures, refer to the New Kent County General District Court website.
New Kent County Family Court Process
New Kent County Circuit Court handles all divorce, equitable distribution, and spousal support matters. The 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.
- File the initial complaint: File a divorce, custody, or support complaint at the New Kent County Circuit Court clerk’s office with the required filing fee.
- Serve the other party: Have the complaint and summons served on your spouse or the other parent by a sheriff, private process server, or through their attorney.
- Attend pendente lite hearing if needed: If temporary support or custody orders are needed, file a pendente lite motion. The court typically schedules a hearing within 21-60 days.
- Complete discovery and negotiation: Exchange financial documents and other evidence. Attempt to reach a settlement through negotiation or mediation to avoid trial.
- Proceed to final hearing or trial: If no agreement is reached, the case proceeds to a final hearing before a judge at the New Kent County Circuit Court.
Family Law Penalties and Standards in New Kent County
In New Kent County, family law matters involve specific legal standards: Virginia is an equitable distribution state; no-fault divorce requires a 6-month or 1-year separation; fault grounds include adultery, cruelty, or desertion; child support is calculated using state guidelines based on combined gross income.
| Matter | Legal Classification | Potential Outcome | Financial Impact | Other Consequences |
|---|---|---|---|---|
| Divorce (Uncontested) | No-fault | Final decree in 2-4 months | Court fees: ~$86+ | Dissolution of marriage |
| Divorce (Contested) | Fault/No-fault | Trial, 9-18 month timeline | Court costs, attorney fees, possible support orders | Court-ordered property division, custody |
| Child Custody Dispute | Best interests determination | Court-ordered parenting plan | Guardian ad Litem fees: $500-$2,500+ | Legal decision-making authority, visitation schedule |
| Child Support Establishment | Guideline calculation | Monthly payment order | Percentage of income | Enforceable by wage garnishment |
| Equitable Distribution (Complex) | Marital property division | 12-24 month process | Division of assets/debts, possible buyout | Business valuation, retirement account division |
Results may vary. Each case depends on its unique facts and circumstances.
Firm Credentials and Local Insight
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm’s attorneys have over 120 years of combined legal experience. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, providing deep, practical knowledge of property division law. Our Richmond location serves the New Kent County area with a focus on precise, case-specific legal strategies.
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
Documented Case Results in New Kent County
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County, with a 100% favorable outcome rate. These results include dismissals, reductions, and favorable settlements in family law and other matters.
Results may vary. Prior results do not aim for a similar outcome.
Local Family Law Representation
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle), accessible via I-64, Route 33, and Route 249. As a family law lawyer near New Kent County, we represent clients in New Kent, Providence Forge, and Quinton. We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Phone: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions
How long does a divorce take in New Kent County, 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.
How much does a divorce cost in New Kent County, 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).
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.
How is child custody decided in New Kent County, Virginia?
Custody in New Kent County 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. New Kent County J&DR Court handles standalone custody. New Kent County 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 New Kent County Circuit Court.
Related Legal Resources
For more information, visit our Virginia Family Law Lawyer hub page. We also serve neighboring areas like Henrico County and Chesterfield County. If you need assistance with other matters in New Kent County, consider our criminal defense or DUI defense services. Learn more about our attorneys.
Last verified: March 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.