Divorce & Family Law Attorney in New Kent County, Virginia
Virginia requires a 6-month separation for no-fault divorce if you have no minor children and a signed agreement, or a 1-year separation if you have minor children.
Virginia Family Law Statutes for New Kent County
Family law matters in New Kent County are adjudicated under the Virginia Code. The primary statutes include Va. Code § 20-91 (defining grounds for divorce), § 20-107.3 (equitable distribution of marital property), § 20-108.1 (child support guidelines), § 20-124.2 (custody based on the child’s best interests), and § 20-107.1 (factors for spousal support). Virginia is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally, based on 11 statutory factors.
Last verified: March 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 20-91 (official Virginia General Assembly) – Divorce grounds.
- New Kent County General District Court website – Court information and procedures.
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 District Court handles standalone custody, visitation, child support, and protective orders. Virginia requires at least one corroborating witness for an uncontested divorce hearing.
- Initial Consultation and Document Gathering: Schedule a consultation. Gather financial documents, marriage certificate, and any existing agreements.
- File the Complaint: Your attorney files a complaint at the New Kent County Circuit Court clerk’s office, paying the $86 filing fee.
- Serve the Other Party: The complaint is served by sheriff ($12) or private process server ($50-$100).
- Attend Pendente Lite Hearing (if needed): For temporary orders, a hearing is typically set within 21-60 days.
- Discovery and Negotiation: Parties exchange financial information. Your attorney negotiates a settlement.
- Final Hearing or Trial: If an agreement is reached, a final uncontested hearing is scheduled. If not, the case proceeds to trial.
Penalties and Legal Standards
In New Kent County, divorce carries specific procedural requirements and financial obligations, including court costs and potential support payments.
| Offense / Matter | Classification / Standard | Financial Impact | Additional Consequences |
|---|---|---|---|
| Divorce Filing | No-fault (6-month/1-year separation) or Fault | Filing fee: ~$86 + service fees | Division of marital assets & debts |
| Child Support | Calculated per VA guidelines | Monthly payment based on income | Enforcement through income withholding |
| Spousal Support | Based on 13 statutory factors | Temporary or permanent payment | Modifiable based on changed circumstances |
| Property Division | Equitable distribution (Va. Code § 20-107.3) | Division of marital property | Business valuation may be required |
Results may vary. Each case depends on unique facts and circumstances.
Firm Credentials and Local Insight
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris, who personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). The firm brings over 120 years of combined legal experience to family law matters in New Kent County. Our approach is case-specific, focusing on the details of Virginia law and local court procedures.
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 documented case results in New Kent County across all practice areas, with a 100% favorable outcome rate for these matters. These results include favorable resolutions in family law 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, Providence Forge, and Quinton. We serve the New Kent County area and surrounding communities.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
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). 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; sheriff service of process: approximately $12; private process server: $50-$100.
Related Legal Resources
Last verified: March 2026. Information updated as of March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.