Service Member Divorce Lawyer New Kent County: Under Va. Code § 20-91, divorce in Virginia requires a 6-month separation (no minor children) or 1-year separation (with minor children). Law Offices Of SRIS, P.C. has 11 documented results in New Kent County, including favorable outcomes in all reported instances. Call (888) 437-7747 for a consultation by appointment.
Service Member Divorce Lawyer New Kent County, Virginia
Virginia divorce law is governed by Va. Code § 20-91, which establishes the grounds for divorce. For service members, the Servicemembers Civil Relief Act (SCRA) provides additional protections, including stays of proceedings and limitations on default judgments. In New Kent County, divorce cases are filed at the New Kent County Circuit Court, located at 12001 Courthouse Circle. The court requires a corroborating witness for uncontested hearings. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly — official site
For the full text of Virginia’s divorce statutes, see Va. Code § 20-91 (Virginia General Assembly — official site). For information on New Kent County Circuit Court procedures, visit New Kent County Circuit Court (Virginia Courts — official site).
In New Kent County Circuit Court, judges routinely require a corroborating witness for uncontested divorce hearings. We have observed that having a signed property settlement agreement significantly streamlines the process. The court typically schedules pendente lite hearings within 21-60 days of a motion for temporary support or custody.
- Determine your eligibility: one spouse must have lived in Virginia for 6 months.
- Establish grounds: no-fault (6-month or 1-year separation) or fault (adultery, cruelty, desertion, felony conviction).
- Prepare and file the complaint at New Kent County Circuit Court.
- Serve the other party via sheriff or private process server.
- Negotiate a settlement agreement covering custody, support, and property division.
- Attend the final hearing to obtain the final decree of divorce.
In New Kent County, divorce proceedings carry no criminal penalties but involve significant financial and custodial consequences. Virginia is an equitable distribution state, and the court divides marital property fairly under Va. Code § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| No-fault divorce (6-month separation) | Civil proceeding | None | Filing fee: ~$86 | None | Division of marital property; potential spousal support |
| No-fault divorce (1-year separation) | Civil proceeding | None | Filing fee: ~$86 | None | Division of marital property; child custody and support |
| Fault divorce (adultery, cruelty, etc.) | Civil proceeding | None | Filing fee: ~$86 | None | Fault may affect spousal support and property division |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm has 11 documented case results in New Kent County, with favorable outcomes in all reported instances.
Law Offices Of SRIS, P.C. has 11 documented results in New Kent County: 5 dismissed or not guilty, 6 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ.
Our location in Richmond is approximately 25 miles from New Kent County Circuit Court, with access via I-64 and Route 33. We are a service member divorce lawyer near New Kent County. Serving the communities of New Kent, Providence Forge, and Quinton. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
(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 divorces typically resolve in 2-6 months after filing at New Kent County Juvenile & Domestic Relations District Court (custody/support/protective orders) and New Kent County Circuit Court (divorce/equitable distribution). Contested divorces routinely take 9-18 months. High-asset or international-element cases can extend longer.
Uncontested divorces in New Kent County typically take 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in New Kent County, Virginia?
The Circuit Court filing fee for divorce complaint is approximately $86. Additional costs include sheriff service of process ($12), private process server ($50-$100), Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300/hour per party). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3).
The filing fee for divorce in New Kent County is approximately $86, plus additional costs for service, Guardian ad Litem, 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 handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state, not a community property state.
How is child custody decided in New Kent County, Virginia?
Custody is based on the experienced 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.
Child custody in New Kent County is decided based on the experienced interests of the child under Va. Code § 20-124.3.
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.
Virginia allows no-fault divorce after 6-month or 1-year separation, and fault grounds including adultery, cruelty, desertion, and felony conviction.
How does a Virginia lawyer defend against service member divorce charges?
Defense strategies for service member divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (grounds for divorce) to build the strongest possible defense.
A Virginia lawyer defends against service member divorce by challenging evidence, examining procedural compliance, and negotiating under Va. Code § 20-91.
What should I do if I am facing service member divorce charges in Virginia?
If facing service member divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
Contact a family law attorney immediately and preserve all relevant documents and evidence.
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Last verified: April 2026. This page was last updated on 2026-04-28.