Divorce Lawyer Virginia, VA
When a marriage ends, understanding Virginia’s divorce laws is essential. Law Offices Of SRIS, P.C., founded in 1997, concentrates its practice on family law matters including divorce, equitable distribution, child custody, and spousal support. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. Mr. Sris, Owner and Founder, and his Of Counsel team bring over 120 years of combined legal experience and have secured over 4,739 documented firm-wide results. Results may vary. The firm serves clients throughout Virginia from its Fairfax Location and appears in circuit courts across the Commonwealth. If you are considering a divorce or need guidance on related family law issues, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Divorce and Family Law in Virginia
Virginia divorce law is governed by Title 20 of the Virginia Code. The Commonwealth is an equitable distribution state, meaning marital property is divided fairly—but not necessarily equally—based on the factors listed in Va. Code § 20-107.3. Separate property, such as assets acquired before marriage or received as a gift or inheritance, generally remains with the original owner.
Virginia offers both no-fault and fault-based grounds for divorce. No-fault divorce is available after a period of separation. If the spouses have no minor children and have signed a separation agreement, a six-month separation may suffice. Otherwise, a one-year separation is required under Va. Code § 20-91. Fault grounds include adultery, cruelty, willful desertion for one year, and conviction of a felony with a sentence of more than one year. Adultery, in particular, has no waiting period, which can accelerate the process when proven.
Under Va. Code § 20-91(9)(b), a divorce may be granted after six months of separation if the parties have no minor children and have entered into a written separation agreement; otherwise, § 20-91(9)(a) requires a one-year separation.
Source: Va. Code § 20-91. Virginia Legislative Information System
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Divorce cases in Virginia are filed in the circuit court of the city or county where either spouse resides. Custody, visitation, child support, and protective order matters may be heard in the Juvenile and Domestic Relations District Court, but the divorce itself and equitable distribution of property are handled exclusively in the circuit court. Law Offices Of SRIS, P.C. Appears in circuit courts throughout Virginia, including Fairfax County, Prince William County, Richmond, Virginia Beach, and beyond.
Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised subsection (g) of the equitable distribution statute to address retirement plan division procedures. That firsthand legislative engagement informs the firm’s approach to complex property division in Virginia divorces.
How Mr. Sris and His Of Counsel Handle Divorce Cases
Each divorce case begins with a consultation to understand the client’s goals and the facts of the marriage—including the duration of the marriage, the parties’ incomes, assets, debts, and any custody concerns. Mr. Sris and his Of Counsel then develop a strategy designed to resolve the matter efficiently while protecting the client’s rights.
In uncontested divorces, the team works to draft a comprehensive property settlement agreement that addresses all issues—equitable distribution, spousal support, child custody, and child support—so that the matter can proceed on a no-fault basis. In contested cases, the firm litigates the disputed issues in circuit court, presenting evidence on property classification, valuation, and the statutory factors. Mediation and negotiation are used when appropriate, and the firm is prepared to take a case to trial when a fair settlement cannot be reached.
Mr. Sris and his Of Counsel also handle post-divorce modifications and enforcement of existing orders, including spousal support, child support, and custody modifications when circumstances change.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he is admitted to the bars of Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), contributing to the 2019 revision of Virginia’s equitable distribution statute.
Mr. Sris is joined by a team of dedicated Of Counsel attorneys who bring additional experience in family law, criminal defense, and related areas. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have secured over 4,739 documented firm-wide results. Results may vary. The firm’s collective background includes former prosecutorial experience, prior service as a Virginia State Trooper, and extensive trial work in state and federal courts.
Frequently Asked Questions
How long does a divorce take in Virginia?
Virginia divorce timelines depend primarily on the grounds for divorce and whether the case is contested or uncontested. In an uncontested no-fault divorce, the six-month or one-year separation period must run before the final decree can be entered. After the separation period, the court’s scheduling and the time needed to finalize the agreement affect how quickly the case concludes. Contested divorces, which involve disputed custody, support, or property issues, take longer—often several months to over a year—depending on the complexity of the issues and the court’s docket. Mr. Sris and his Of Counsel work to move each case forward efficiently.
Is Virginia a community property state?
No, Virginia is an equitable distribution state, not a community property state. This means that marital property is divided in a manner the court considers fair, but not necessarily 50/50. The court evaluates factors such as the duration of the marriage, each spouse’s contributions, and the circumstances surrounding the dissolution. Separate property—property owned before the marriage or acquired by gift or inheritance—generally stays with the original owner. The equitable distribution framework is set forth in Va. Code § 20-107.3.
What are the grounds for divorce in Virginia?
Virginia law provides both no-fault and fault-based grounds for divorce. The no-fault ground requires a separation of one year, or six months if the parties have no minor children and have signed a separation agreement. Fault grounds include adultery, cruelty, willful desertion for one year, and conviction of a felony resulting in imprisonment for more than one year. Adultery requires no waiting period, which can accelerate the divorce if proven. The specific ground chosen affects the timeline and may influence the court’s equitable distribution and spousal support decisions.
How is child custody decided in Virginia?
Virginia courts decide custody based on the best interests of the child, considering ten statutory factors listed in Va. Code § 20-124.3. These factors include the child’s age and needs, the relationship between the child and each parent, each parent’s ability to support the child’s relationship with the other parent, and any history of family abuse. The court can award joint custody or primary custody to one parent, and will also determine visitation. Custody cases can be part of a divorce or filed separately in the Juvenile and Domestic Relations District Court. Mr. Sris and his Of Counsel represent clients in both forums.
How is property divided in a Virginia divorce?
Marital property is divided equitably, not equally, under Va. Code § 20-107.3. The court first classifies assets as marital, separate, or hybrid, then values them, and finally determines a fair distribution. The court may consider eleven factors, including the duration of the marriage, each spouse’s monetary and non-monetary contributions, and the tax consequences. Complex assets—such as business interests, professional practices, retirement accounts, and stock options—often require forensic accounting and experienced attorney analysis. Law Offices Of SRIS, P.C. has experience handling high-value and complex property division cases.
Do I need a lawyer for a divorce in Virginia?
You are not legally required to have a lawyer, but Virginia divorce law involves procedural and substantive complexities that can affect your rights to property, support, and custody. An attorney can help identify the appropriate ground for divorce, ensure the complaint is properly drafted and served, and advocate for a fair settlement. In contested cases, legal representation is especially important for navigating discovery, motion practice, and trial. For guidance on your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related practice areas: Contested Divorce Lawyer Virginia · Uncontested Divorce Lawyer Virginia · Child Custody Lawyer Virginia · Spousal Support Lawyer Virginia · Fairfax County Family Law Lawyer · Richmond Family Law Lawyer
Virginia primary sources: Virginia Code Title 20 (Domestic Relations) · Virginia Judicial System · Virginia State Bar
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Results may vary.
Case results depend on a variety of factors unique to each case.