In New Kent County, Virginia, divorce is governed by Va. Code § 20-91 (grounds) and § 20-107.3 (equitable distribution, personally amended by Mr. Sris). Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County with a 100% favorable outcome rate. An Adultery Divorce Lawyer New Kent County can help you understand fault-based grounds and protect your rights.
Virginia Divorce Law and Grounds in New Kent County
Virginia law provides both no-fault and fault-based grounds for divorce. Under Va. Code § 20-91, no-fault divorce requires a 6-month separation if there are no minor children and a signed separation agreement, or a 1-year separation if minor children are involved. Fault grounds include adultery (no waiting period), cruelty, desertion for 1 year, and felony conviction with imprisonment for 1+ year. An Adultery Divorce Lawyer New Kent County can advise on proving adultery as grounds for divorce. Equitable distribution under Va. Code § 20-107.3 (personally amended by Mr. Sris) governs property division. Child support follows Virginia guidelines under § 20-108.1, and custody is determined by the best interests of the child under § 20-124.2. Spousal support is based on 13 statutory factors under § 20-107.1.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 20-91 (Divorce Grounds) — official Virginia General Assembly
- New Kent County General District Court — official Virginia Courts website
Insider Procedural Edge: New Kent County Family Law Process
New Kent County Circuit Court handles all divorce, equitable distribution, and spousal support matters. New Kent County 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. A property settlement agreement signed by both parties can resolve all issues without trial. Mediation is available but not mandatory in Virginia. Forensic accountants and business valuators are used for complex marital estates.
- File a complaint for divorce at New Kent County Circuit Court (12001 Courthouse Circle).
- Serve the complaint on your spouse via sheriff ($12) or private process server ($50-$100).
- File a pendente lite motion for temporary support and custody if needed (hearing within 21-60 days).
- Complete discovery, including financial affidavits and asset documentation.
- Attend mediation or negotiate a property settlement agreement.
- Present your case at a final hearing with corroborating witness testimony.
Divorce Process and Requirements in New Kent County
In New Kent County, Virginia, divorce carries specific filing fees and procedural requirements. The Circuit Court filing fee for a divorce complaint is approximately $86, with additional costs for service of process and Guardian ad Litem appointments.
| Issue | Classification | Timeline | Cost | Additional Requirements |
|---|---|---|---|---|
| Uncontested Divorce (No Minor Children) | No-fault | 2-4 months | $86 filing fee + $12 sheriff service | 6-month separation + signed separation agreement |
| Uncontested Divorce (With Minor Children) | No-fault | 2-4 months | $86 filing fee + $12 sheriff service | 1-year separation + parenting plan |
| Contested Divorce | Fault or No-fault | 9-18 months | $86 filing fee + discovery costs | Trial preparation, experienced witnesses |
| Adultery Divorce | Fault | No waiting period | $86 filing fee + evidence costs | Proof of adultery required |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your New Kent County Family Law Case?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. The firm has achieved 4,739+ documented case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C., with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a credential no other family law attorney in New Kent County can claim. An Adultery Divorce Lawyer New Kent County from our firm understands the nuances of fault-based divorce and can build a strong case on your behalf. A cheating spouse divorce lawyer New Kent County can help you gather evidence and handle the legal process when infidelity is a factor.
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
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 demonstrate our commitment to achieving the best possible outcomes for our clients in New Kent County courts.
Results may vary. Prior results do not guarantee a similar outcome.
Our New Kent County Family Law Services
Our Richmond Location serves clients at New Kent County courts (12001 Courthouse Circle). The location is accessible via I-64, Route 33, Route 249, and Route 60. We serve the communities of New Kent, Providence Forge, and Quinton.
Looking for a family law lawyer near New Kent? Our firm provides full representation for divorce, custody, support, and property division matters in New Kent County.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Divorce in New Kent County
How long does a divorce take in New Kent County, Virginia?
It depends. 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.
How much does a divorce cost in New Kent County, Virginia?
It depends. Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Guardian ad Litem for custody: typically $500-$2,500+. Mediation: $100-$300/hour per party.
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). New Kent County Circuit Court handles all property division. 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.
Can I get a divorce based on adultery in New Kent County?
Yes. Adultery is a fault ground for divorce in Virginia with no waiting period. You must prove the adultery occurred. An Adultery Divorce Lawyer New Kent County can help you gather evidence and file the appropriate pleadings at New Kent County Circuit Court.
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.