
In New Kent County, Virginia, divorce is governed by equitable distribution under Va. Code § 20-107.3, personally amended by Mr. Sris. Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County. A Trial Separation Lawyer New Kent County can help you understand your rights during the separation period.
Virginia Divorce and Separation Laws in New Kent County
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The primary statute governing divorce is Va. Code § 20-91, which establishes grounds for divorce including no-fault after a separation period. For couples with minor children, a one-year separation is required before filing for no-fault divorce. For those without minor children who have a signed separation agreement, a six-month separation suffices. Fault grounds include adultery, cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. A Trial Separation Lawyer New Kent County can guide you through these requirements.
Last verified: April 2026 | New Kent County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Official Resources
- Va. Code § 20-107.3 (Equitable Distribution) — official Virginia General Assembly
- New Kent County General District Court — official court website
Insider Procedural Edge for New Kent County Family Law
New Kent County Circuit Court handles all divorce, equitable distribution, and spousal support matters. The court 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.
- 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 or private process server.
- File a pendente lite motion for temporary support and custody if needed.
- Attend mediation or negotiate a property settlement agreement.
- Present your agreement or proceed to trial for final decree.
In New Kent County, Virginia, divorce carries no criminal penalty but involves filing fees of approximately $86 for the complaint plus service costs.
| Issue | Classification | Timeline | Cost | Additional Consequences |
|---|---|---|---|---|
| Uncontested Divorce | No-fault | 2-4 months | $86 filing fee + $12 sheriff service | 6-month or 1-year separation required |
| Contested Divorce | Fault or No-fault | 9-18 months | $86 filing fee + attorney fees | Guardian ad Litem may be appointed for custody |
| Child Custody | Best interests of child | Varies | Guardian ad Litem: $500-$2,500+ | 10 factors under Va. Code § 20-124.3 |
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 documented 4,739+ case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in all Virginia divorces. This achievement demonstrates deep understanding of Virginia family law at the legislative level. The firm’s tagline, “Advocacy Without Borders,” reflects a commitment to clients across Virginia, Maryland, DC, New Jersey, and New York.
Samantha Rae Powers — Of Counsel, Family Law
VA Bar 2023 | FL Bar 2005 | J.D./M.A. University of Florida 2005 | Ph.D. Communication UCSB 2017 | 18+ years experience. Samantha Powers focuses exclusively on family law matters in Virginia, bringing extensive courtroom experience to divorce, custody, and support cases.
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 for clients facing family law matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our New Kent County Family Law Services
Our Richmond Location serves clients at New Kent County courts (12001 Courthouse Circle), accessible via I-64, Route 33, Route 249, and Route 60. We serve the communities of New Kent, Providence Forge, and Quinton. A Trial Separation Lawyer New Kent County is available to discuss your case.
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.
Frequently Asked Questions About Family Law 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. 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?
It depends. Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour per party).
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.
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.
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.
Do I need a Trial Separation Lawyer New Kent County for a legal separation?
Yes. A Trial Separation Lawyer New Kent County can help you draft a separation agreement that addresses property division, spousal support, and child custody during the separation period. This agreement becomes part of your final divorce decree.
Related Legal Services
- Virginia Family Law Lawyer
- Henrico County Family Law Lawyer
- Chesterfield County Family Law Lawyer
- New Kent County Criminal Defense Lawyer
- New Kent County DUI Lawyer
- Richmond Office Location
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.
