If you are a service member facing divorce in Henrico County, Virginia, the Servicemembers Civil Relief Act (SCRA) protects your rights. A Military Divorce Lawyer Henrico County from Law Offices Of SRIS, P.C. can help. We have 21 documented case results in Henrico County. Call (888) 437-7747 for a consultation by appointment.
Last verified: 2026-04 | Henrico County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
Virginia is an equitable distribution state under Va. Code § 20-107.3, which Mr. Sris personally amended. For military divorces, the SCRA allows courts to stay proceedings when a service member’s duties materially affect their ability to participate. A Military Divorce Lawyer Henrico County understands how these federal protections interact with Virginia’s 6-month separation requirement (no minor children) or 1-year separation (with minor children).
Key statutes governing military divorce in Henrico County include:
- Va. Code § 20-107.3 (Equitable Distribution) — personally amended by Mr. Sris
- Henrico County General District Court — official court website
In Henrico County Circuit Court, military divorces require specific documentation of deployment status and service obligations. The court at 4301 East Parham Road handles all divorce filings. A service member divorce lawyer Henrico County must file a SCRA affidavit with the initial complaint to trigger automatic stay protections.
- Step 1: File a complaint for divorce at Henrico County Circuit Court (4301 East Parham Road).
- Step 2: Attach a SCRA affidavit confirming your active-duty status and how deployment affects your ability to respond.
- Step 3: Request a stay of proceedings under 50 U.S.C. § 3932 if you cannot participate due to military duties.
- Step 4: Provide your commanding officer’s letter verifying deployment dates and leave availability.
- Step 5: Attend the pendente lite hearing (typically set within 21-60 days) for temporary support and custody orders.
- Step 6: Finalize the divorce with a property settlement agreement or trial, depending on whether the case is contested.
In Henrico County, Virginia family law matters involve equitable distribution of marital property, child support under Virginia guidelines, and spousal support based on 13 statutory factors.
| Issue | Legal Standard | Timeline | Costs | Key Statute |
|---|---|---|---|---|
| Uncontested Divorce | No-fault, 6-month separation (no minor children) | 2-4 months | $86 filing fee + $12 service | Va. Code § 20-91 |
| Contested Divorce | Equitable distribution of assets | 9-18 months | $86 + GAL ($500-$2,500+) | Va. Code § 20-107.3 |
| Child Custody | Best interests of the child (10 factors) | Varies | Mediation $100-$300/hr | Va. Code § 20-124.2 |
| Child Support | Virginia guidelines based on combined income | Ongoing | Modification motion costs | Va. Code § 20-108.1 |
| Spousal Support | 13 statutory factors | Varies | Pendente lite motion costs | Va. Code § 20-107.1 |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and 4,739+ documented case results firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, which directly impacts military divorce cases in Henrico County. A military spouse divorce lawyer Henrico County from our firm understands the unique financial and custody issues military families face.
Mr. Sris, Owner & CEO, Managing Attorney, also oversees all complex family law matters. He is a former prosecutor who founded the firm in 1997 and personally amended Va. Code § 20-107.3. He is admitted in VA, MD, DC, NJ, and NY.
Law Offices Of SRIS, P.C. has 21 total documented case results across all practice areas in Henrico County, with a 100% favorable outcome rate. These include dismissals, reductions, and favorable settlements in family law and related matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location serves clients at Henrico County courts (4301 East Parham Road), accessible via I-64, I-95, and I-295. We serve Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville. A Military Divorce Lawyer Henrico County is available for 24/7 phone consultations at (888) 437-7747, with 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. 24/7 phone consultations.
How long does a military divorce take in Henrico County, Virginia?
It depends. Uncontested military divorce with signed separation agreement: 2-4 months. Contested: 9-18 months. SCRA stays can extend timelines if you are deployed.
How much does a military divorce cost in Henrico County, Virginia?
It depends. Circuit Court filing fee is approximately $86, plus $12 for sheriff service. Guardian ad Litem for custody: $500-$2,500+. Mediation: $100-$300/hour per party.
Is Virginia a community property state for military divorces?
No. Virginia is an equitable distribution state. Marital property is divided fairly but not necessarily 50/50. Military retirement pay is subject to division under the Uniformed Services Former Spouses’ Protection Act.
How is child custody decided in a military divorce in Henrico County?
Custody is based on the best interests of the child under Va. Code § 20-124.3. The court considers 10 factors including each parent’s role and any history of abuse. Deployment does not automatically disqualify a parent.
What are the grounds for divorce in Virginia for military couples?
No-fault: 6-month separation (no minor children) or 1-year separation. Fault grounds: adultery, cruelty, desertion for 1 year, or felony conviction with 1+ year imprisonment. SCRA protections apply during deployment.
Can a military spouse get a divorce while the service member is deployed?
Yes, but the SCRA allows the court to stay proceedings if the service member cannot participate due to military duties. A military spouse divorce lawyer Henrico County can help file the necessary affidavit.
How is military retirement pay divided in a Henrico County divorce?
It depends. Under the Uniformed Services Former Spouses’ Protection Act, military retirement pay is divisible as marital property. The court applies equitable distribution factors under Va. Code § 20-107.3.
What is the filing fee for a divorce in Henrico County Circuit Court?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs approximately $12. Private process server: $50-$100. Additional costs apply for motions and hearings.
Last verified: 2026-04. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.