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. A Felony Conviction Divorce Lawyer New Kent County can help you handle fault-based divorce grounds when a spouse is incarcerated.
Last verified: April 2026 | New Kent County General District Court | Va. Code § 20-91 (divorce grounds)
Virginia law provides two paths to divorce: no-fault and fault-based. No-fault divorce requires a separation period of 6 months (if no minor children and a signed separation agreement exists) or 1 year (if minor children are involved). Fault-based grounds include adultery, cruelty, desertion for 1 year, and felony conviction with imprisonment for 1+ year. The court divides marital property equitably — not necessarily 50/50 — under Va. Code § 20-107.3, which Mr. Sris personally amended. Child custody follows the best interests of the child standard under Va. Code § 20-124.3. Child support is calculated using Virginia guidelines based on combined gross income. Spousal support is determined by 13 statutory factors under Va. Code § 20-107.1.
For clients dealing with a spouse’s incarceration, a divorce after felony lawyer New Kent County can file on fault grounds of felony conviction, which eliminates the waiting period for no-fault divorce. A criminal conviction divorce lawyer New Kent County understands how to handle the intersection of criminal proceedings and family law matters, including equitable distribution of assets when one spouse is in prison.
Review the official Virginia Code § 20-91 (divorce grounds) on the Virginia General Assembly website and the New Kent County General District Court website for local procedures.
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 (separation 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 the Complaint: File a divorce complaint at New Kent County Circuit Court (12001 Courthouse Circle). Filing fee: approximately $86.
- Serve Your Spouse: Serve the complaint via sheriff ($12) or private process server ($50-$100). If your spouse is incarcerated, coordinate with the correctional facility for service.
- File a Pendente Lite Motion: If you need temporary support or custody, file a pendente lite motion. Hearings are typically set within 21-60 days.
- Attend Mediation (Optional): Mediation costs $100-$300/hour per party. Not mandatory in Virginia but can resolve issues faster.
- Final Hearing: For uncontested divorce with signed separation agreement: 2-4 months. Contested divorce: 9-18 months. Complex equitable distribution: 12-24 months.
In New Kent County, Virginia family law matters involve equitable distribution of marital property, child custody determinations, and spousal support awards under state guidelines.
| Issue | Legal Standard | Timeline | Cost Factors | Additional Considerations |
|---|---|---|---|---|
| Uncontested Divorce | No-fault, 6-month separation (no children) or 1-year (with children) | 2-4 months | $86 filing fee + service costs | Requires signed separation agreement |
| Contested Divorce | Fault or no-fault grounds | 9-18 months | $86 filing + discovery costs + attorney fees | May require trial |
| Child Custody | Best interests of child (10 factors) | Varies | Guardian ad Litem: $500-$2,500+ | J&DR Court handles standalone custody |
| Spousal Support | 13 statutory factors | Varies | Attorney fees + experienced costs | Modifiable upon changed circumstances |
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 has documented 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Virginia Code § 20-107.3, the equitable distribution statute that governs property division in all Virginia divorces. This amendment is a documented legislative achievement that no other family law attorney in Virginia can claim. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, founder and managing attorney, provides secondary oversight on complex family law cases in New Kent County. He personally amended Va. Code § 20-107.3 and has over 25 years of experience handling high-asset divorces and custody disputes.
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. Firm-wide, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond Location is accessible from New Kent County via I-64, Route 33, Route 249, and Route 60. The distance from New Kent County Courthouse (12001 Courthouse Circle) to our Richmond office is approximately 30 minutes east on I-64.
Looking for a Felony Conviction Divorce Lawyer New Kent County near you? We serve 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 Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
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.
How much does a divorce cost in New Kent County, Virginia?
It depends. Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Guardian ad Litem for custody: typically $500-$2,500+. Mediation: $100-$300/hour per party. Attorney fees vary based on complexity.
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.
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. A Felony Conviction Divorce Lawyer New Kent County can help with fault-based divorce when a spouse is incarcerated.
Can I get a divorce if my spouse is in prison in New Kent County?
Yes. Virginia allows fault-based divorce on the ground of felony conviction with imprisonment for 1+ year. This eliminates the waiting period required for no-fault divorce. A Felony Conviction Divorce Lawyer New Kent County can file immediately and coordinate service of process with the correctional facility.
What happens to marital property when a spouse is convicted of a felony in New Kent County?
It depends. Under Va. Code § 20-107.3, the court divides marital property equitably considering 11 factors. A felony conviction may affect the court’s determination of fault and could impact the division of assets. A criminal conviction divorce lawyer New Kent County can argue for a disproportionate share based on the convicted spouse’s conduct.
How does a spouse’s felony conviction affect child custody in New Kent County?
It depends. The court considers the best interests of the child under Va. Code § 20-124.3. A felony conviction, especially for crimes involving violence or substance abuse, can significantly impact custody determinations. The incarcerated parent may face supervised visitation or limited parenting time. A Felony Conviction Divorce Lawyer New Kent County can advocate for appropriate custody arrangements.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.