In New Kent County, Virginia divorce follows equitable distribution under Va. Code § 20-107.3, requiring a 6-month or 1-year separation. Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County. Mr. Sris personally amended the equitable distribution statute. Consultation by appointment.
Virginia Divorce Law and Equitable Distribution in New Kent County
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The primary statute governing this process is Va. Code § 20-107.3, which Mr. Sris personally amended. Under this law, the court considers 11 factors to determine a fair division of assets and debts. Separate property—assets acquired before marriage, inheritances, or gifts—is excluded from distribution. For divorce grounds, Va. Code § 20-91 provides for no-fault divorce after a 6-month separation (if no minor children and a signed separation agreement exists) or a 1-year separation (if minor children are involved). Fault-based grounds include adultery, cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, brings over 120 years of combined legal experience to family law matters in New Kent County.
Last verified: April 2026 | New Kent County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
For the complete statutory framework, review the Va. Code § 20-91 (divorce grounds) (official Virginia General Assembly). Court procedures are governed by the New Kent County General District Court website.
Insider Procedural Edge: New Kent County Family Law 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. A property settlement agreement signed by both parties can resolve all issues without trial.
- File a complaint for divorce at New Kent County Circuit Court (12001 Courthouse Circle) with the $86 filing fee.
- Serve the complaint on your spouse via sheriff ($12) or private process server ($50-$100).
- File a pendente lite motion if temporary support or custody is needed (hearing within 21-60 days).
- Attend mediation (optional but recommended; $100-$300/hour per party).
- Attend the uncontested divorce hearing with a corroborating witness.
- Receive the final decree of divorce from the Circuit Court judge.
In New Kent County, divorce outcomes depend on asset division under equitable distribution, with no fixed penalty but significant financial consequences.
| Issue | Classification | Timeline | Cost | Impact | Additional Consequences |
|---|---|---|---|---|---|
| Uncontested Divorce | No-fault | 2-4 months | $86 filing fee + service costs | Property division finalized | Separation agreement required |
| Contested Divorce | Fault or No-fault | 9-18 months | $86 filing fee + attorney fees | Court decides asset division | Mediation may be ordered |
| Complex Equitable Distribution | High asset | 12-24 months | $86 filing fee + experienced fees | Business valuation, retirement assets | Forensic accountant may be needed |
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 family law matters. 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, the equitable distribution statute that governs how marital property is divided in Virginia divorces. This is a documented, real-world achievement that no other family law attorney in Virginia can claim. The firm’s tagline is “Advocacy Without Borders.”
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.
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), accessible via I-64, Route 33, Route 249, and Route 60.
Family law lawyer near New Kent County, near Colonial Downs Racetrack and the historic New Kent County Courthouse.
Serving: New Kent, Providence Forge, Quinton.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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. 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 may include forensic accountants for complex asset division.
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 (12001 Courthouse Circle, New Kent, VA 23124) 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. Circuit Court filing fee for divorce complaint: approximately $86.
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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.