New Kent County divorce law requires a 6-month separation (no minor children) or 1-year separation (with minor children) for no-fault divorce under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County. A Desertion Divorce Lawyer New Kent County can help you pursue fault-based grounds for divorce.
Divorce & Family Law Attorney in New Kent County, Virginia — What Are Your Options?
Virginia Divorce Law: Grounds and Legal Standards
Virginia law provides both no-fault and fault-based grounds for divorce under Va. Code § 20-91. No-fault divorce requires a separation period of 6 months if you have no minor children and a signed property settlement agreement, or 1 year if you have minor children. Fault grounds include adultery, cruelty, desertion for 1 year, and felony conviction with imprisonment for 1 year or more. A Desertion Divorce Lawyer New Kent County can explain how desertion grounds apply to your situation. Mr. Sris, founder of Law Offices Of SRIS, P.C. in 1997, personally amended Va. Code § 20-107.3, the equitable distribution statute. His background as a former prosecutor gives him unique insight into family law litigation.
Last verified: 2026-04 | New Kent County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Official Legal Resources
Review the complete Va. Code § 20-107.3 (equitable distribution statute) on the Virginia General Assembly website. For court procedures and forms, visit the New Kent County General District Court website.
Insider Procedural Edge: New Kent County Family Court
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, New Kent, VA 23124.
- Serve the complaint on your spouse through sheriff service ($12) or private process server ($50-$100).
- File a pendente lite motion if you need temporary support, custody, or use of the marital home.
- Attend mediation (recommended but not mandatory) to attempt settlement of all issues.
- If settled, submit a property settlement agreement and final decree of divorce for court approval.
- If not settled, proceed to trial where the court will divide property under Va. Code § 20-107.3.
In New Kent County, divorce outcomes depend on the grounds for divorce and the specific circumstances of your case.
| Issue | Legal Standard | Timeline | Court | Key Statute | Additional Considerations |
|---|---|---|---|---|---|
| No-Fault Divorce | 6-month separation (no minor children) or 1-year separation (with minor children) | 2-4 months (uncontested) to 9-18 months (contested) | New Kent County Circuit Court | Va. Code § 20-91 | Requires signed separation agreement for 6-month option |
| Desertion Divorce | Willful desertion for 1 year | 9-18 months | New Kent County Circuit Court | Va. Code § 20-91 | Must prove intent to abandon |
| Equitable Distribution | Fair division based on 11 factors | Part of divorce timeline | New Kent County Circuit Court | Va. Code § 20-107.3 | Mr. Sris personally amended this statute |
| Child Custody | Best interests of the child (10 factors) | 3-6 months (standalone) or part of divorce | New Kent County J&DR Court or Circuit Court | Va. Code § 20-124.3 | Guardian ad Litem may be appointed ($500-$2,500+) |
| Child Support | Virginia guidelines based on combined gross income | Ongoing until child turns 18 or graduates high school | New Kent County J&DR Court or Circuit Court | Va. Code § 20-108.1 | Modification available for material change in circumstances |
| Spousal Support | 13 statutory factors | Determined at divorce or upon filing pendente lite motion | New Kent County Circuit Court | Va. Code § 20-107.1 | Duration and amount vary based on marriage length and need |
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 with a 93%+ favorable outcome rate firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C. 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.”
In New Kent County, the firm has 11 total documented case results across all practice areas with a 100% favorable outcome rate. An abandonment divorce grounds lawyer New Kent County from our firm can explain how fault-based grounds like desertion may apply to your case.
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 include dismissals, reductions, and favorable settlements in family law and other matters. Firm-wide, the firm has achieved 4,739+ case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Results may vary. Prior results do not guarantee a similar outcome.
Family Law Representation Near New Kent County
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 attorneys are available to meet with you at our Richmond location or by phone.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond Location
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.
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 vary based on complexity and whether the case goes to trial.
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 from division.
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). A spouse abandonment lawyer New Kent County can help you pursue desertion as a fault ground for divorce. Filed at New Kent County Circuit Court.
What is desertion as a ground for divorce in Virginia?
Desertion under Va. Code § 20-91 requires proof that your spouse willfully abandoned you for at least 1 year without justification. The abandonment must be against your will and without your consent. A Desertion Divorce Lawyer New Kent County can help you gather evidence and file the appropriate pleadings to pursue this fault ground.
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance on your New Kent County family law matter.