Divorce & Family Law Attorney in New Kent County, Virginia
Virginia Family Law Statutes for New Kent County
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. For a no-fault divorce, Virginia requires a 6-month separation if there are no minor children and a signed agreement, or a 1-year separation if minor children are involved. Fault grounds include adultery, cruelty, desertion for one year, or felony conviction with imprisonment for one year or more.
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). The New Kent County General District Court website provides local forms, filing information, and contact details.
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.
- Consult with an attorney to evaluate your grounds for divorce and identify all marital assets and debts.
- File a Complaint for Divorce with the New Kent County Circuit Court and pay the $86 filing fee.
- Serve the complaint on your spouse using the sheriff, a private process server, or through their attorney.
- Engage in discovery, which may include financial disclosures, depositions, and subpoenas for business records.
- Attempt mediation or negotiation to reach a property settlement and parenting agreement.
- Attend the final hearing before a judge to present evidence and obtain the final decree of divorce.
New Kent County Divorce Penalties and Costs
In New Kent County, divorce carries no criminal penalty but involves significant financial and procedural requirements under Virginia’s equitable distribution system.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| No-Fault Divorce | Civil Proceeding | Not applicable | Court costs only | None | Property division, potential spousal/child support |
| Fault Divorce (e.g., Adultery) | Civil Proceeding | Not applicable | Court costs only | None | May affect property division and support; adultery is a Class 4 misdemeanor |
| Contempt of Court Order | Civil/Criminal Contempt | Up to 10 days jail | Fine at court’s discretion | None | Enforcement actions, attorney’s fees awarded to other party |
Results may vary. The table above outlines general legal standards; specific outcomes depend on the unique facts of each case.
Firm Credentials in Virginia Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined attorney experience and 4,739+ firm-wide case results. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team direct insight into the law’s application in New Kent County Circuit Court. Our tagline is “Global advocacy. Local precision.”
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
New Kent County Family Law Case Results
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 for family law matters. These results include dismissals, favorable settlements, and successful trial outcomes in child custody and equitable distribution cases.
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. We are a family law lawyer near New Kent County Courthouse and Colonial Downs Racetrack. We serve the neighborhoods of New Kent, Providence Forge, and Quinton. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
Richmond Location — 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 and mediation.
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 clients in nearby localities including Henrico County family law and Chesterfield County family law. If you need assistance with other legal matters in New Kent County, consider our New Kent County criminal defense lawyer or New Kent County DUI/DWI lawyer services. Learn more about your attorney on the Bryan Block profile page.
Last verified: March 2026. Information current as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.