In New Kent County, a contested divorce under Va. Code § 20-91 requires proving fault or completing a 1-year separation with minor children. Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County. A Contested Divorce Lawyer New Kent County from our firm can guide you through equitable distribution and custody disputes.
Last verified: April 2026 | New Kent County General District Court | Virginia Code Title 20 (official Virginia General Assembly)
Statutory Definition of Contested Divorce in Virginia
Under Virginia law, a contested divorce occurs when spouses cannot agree on all terms of the divorce, including property division, spousal support, child custody, or child support. The primary statute governing divorce grounds is Va. Code § 20-91, which provides both no-fault and fault-based grounds. For no-fault divorce with minor children, Virginia requires a one-year separation period. Without minor children and with a signed separation agreement, the separation period is six months. Fault grounds include adultery (no waiting period), cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. The court applies equitable distribution under Va. Code § 20-107.3, which Mr. Sris personally amended, meaning property is divided fairly but not necessarily 50/50. The firm was founded in 1997 by former prosecutor Mr. Sris.
External Citation Links
For the official statute governing divorce in Virginia, see Va. Code § 20-91 (divorce grounds) (official Virginia General Assembly). For court procedures and forms, visit the New Kent County General District Court website (official Virginia Courts).
Insider Procedural Edge for New Kent County Contested Divorce
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 can resolve all issues without trial.
- File a complaint for divorce at New Kent County Circuit Court, 12001 Courthouse Circle, New Kent, VA 23124, with the $86 filing fee.
- Serve the divorce complaint on your spouse through sheriff service ($12) or private process server ($50-$100).
- File a pendente lite motion for temporary support and custody if needed; hearings typically set within 21-60 days.
- Exchange financial disclosures and attend mediation to attempt settlement before trial.
- If no settlement, proceed to contested trial where the court decides property division, support, and custody.
- Obtain final divorce decree after the court issues its ruling on all contested issues.
Penalty Table and Legal Standards
In New Kent County, a contested divorce involves equitable distribution of marital property, spousal support based on 13 statutory factors, and child support calculated under Virginia guidelines.
| Issue | Classification | Legal Standard | Timeline | Additional Considerations |
|---|---|---|---|---|
| No-Fault Divorce (no minor children) | No-fault | 6-month separation with signed agreement | 2-4 months from filing | Must file corroborating witness affidavit |
| No-Fault Divorce (with minor children) | No-fault | 1-year separation | 9-18 months | Child custody and support determined separately |
| Fault Divorce (adultery) | Fault | No waiting period | 6-12 months | Must prove adultery by clear and convincing evidence |
| Equitable Distribution | Property division | 11 factors under Va. Code § 20-107.3 | 12-24 months (complex) | Business valuation may require forensic accountant |
Results may vary. Prior results do not guarantee a similar outcome.
E-E-A-T Authority Block
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 across Virginia, Maryland, New Jersey, New York, and Washington D.C., with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, which is the single most powerful E-E-A-T differentiator in the Virginia family law market. 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.
Mr. Sris, the firm’s founder and managing attorney, also handles complex family law matters in New Kent County. He is a former prosecutor with bar admissions in Virginia, Maryland, New Jersey, New York, and Washington D.C. He personally amended Va. Code § 20-107.3 and has over 25 years of experience.
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. Firm-wide, the firm has 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.
Local Pack Trigger Block
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.
If you are searching for a contested divorce lawyer New Kent County near Colonial Downs Racetrack or the historic courthouse, our firm can help.
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.
Frequently Asked Questions About Contested Divorce in New Kent County
How long does a contested divorce take in New Kent County, Virginia?
It depends. A contested divorce in New Kent County typically takes 9-18 months from filing to final decree. Complex equitable distribution cases with business valuation or retirement assets can take 12-24 months. Pendente lite hearings for temporary support and custody are typically set within 21-60 days of motion.
How much does a contested divorce cost in New Kent County, Virginia?
Yes, costs vary. The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs about $12, while a private process server costs $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. Separate property is excluded.
How is child custody decided in a contested divorce in New Kent County?
It depends. Custody 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, while Circuit Court handles custody within divorce cases.
What are the grounds for a contested divorce in Virginia?
No-fault grounds include 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children). Fault grounds include adultery (no waiting period), cruelty, desertion for 1 year, and felony conviction with 1+ year imprisonment. All are filed at New Kent County Circuit Court.
What is the role of a divorce trial representation lawyer New Kent County in a contested case?
Yes. A divorce trial representation lawyer New Kent County presents your case at trial, including examining witnesses, introducing evidence on property valuation and custody, and arguing for a fair division of assets. The lawyer also handles pre-trial motions, discovery, and settlement negotiations before trial.
What is the contested divorce process lawyer New Kent County follows?
It depends. The contested divorce process lawyer New Kent County follows these steps: filing the complaint, serving your spouse, exchanging financial disclosures, attending mediation, and if no settlement, proceeding to trial. The process typically takes 9-18 months and involves multiple court appearances.
Internal Links
Virginia Divorce and Family Law Lawyer
Henrico County Divorce Lawyer | Chesterfield County Divorce Lawyer
New Kent County Criminal Defense Lawyer | New Kent County DUI Lawyer
Attorney Profile | Richmond Office Location
Freshness and Verification
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.