In New Kent County, Virginia, military divorce is governed by Va. Code § 20-91 (divorce grounds) and the Servicemembers Civil Relief Act (SCRA). Law Offices Of SRIS, P.C. has 11 documented results in New Kent County, including favorable outcomes in all reported instances.
Norfolk Military Divorce Lawyer in New Kent County, Virginia
Virginia law provides for both no-fault and fault-based divorce under Va. Code § 20-91. For military families, the Servicemembers Civil Relief Act (SCRA) may delay proceedings if the service member’s duties prevent participation. Equitable distribution of marital property is governed by Va. Code § 20-107.3, a statute personally amended by Mr. Sris. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience to every case.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly — official site
For the full text of Virginia’s divorce laws, visit: Va. Code § 20-91 (Virginia General Assembly — official site) and Va. Code § 20-107.3 (Virginia General Assembly — official site).
In New Kent County Circuit Court, military divorce cases often involve unique procedural hurdles. The SCRA allows service members to request a stay of proceedings, which can extend timelines. We have observed that judges in New Kent County carefully review military pay stubs, deployment orders, and benefits statements when dividing pensions and calculating support.
- Determine whether the service member is eligible for SCRA protections and request a stay if needed.
- Identify all military benefits, including retirement pay, Thrift Savings Plan (TSP), and healthcare, for division.
- Calculate child support using Virginia guidelines, factoring in BAH (Basic Allowance for Housing) and other allowances.
- Negotiate a property settlement agreement that addresses military-specific assets like the Survivor Benefit Plan (SBP).
- File the complaint at New Kent County Circuit Court, 12001 Courthouse Circle, New Kent, VA 23124.
- Attend the final hearing with all required documentation, including military orders and pay statements.
In New Kent County, military divorce involves no criminal penalties but carries significant financial and custodial consequences. The court divides assets equitably and may order spousal support based on 13 statutory factors under Va. Code § 20-107.1.
| Issue | Legal Standard | Impact on Service Member | Impact on Spouse | Duration | Additional Consequences |
|---|---|---|---|---|---|
| Property Division | Equitable distribution (Va. Code § 20-107.3) | May lose portion of military retirement | May receive share of retirement | Lifetime | Tax implications; QDRO required for TSP |
| Spousal Support | 13-factor analysis (Va. Code § 20-107.1) | May pay support based on income | May receive support | Modifiable; may end at remarriage | BAH included in income calculation |
| Child Support | Virginia guidelines (Va. Code § 20-108.1) | BAH and BAS included in gross income | May receive support | Until child emancipates | Modified upon deployment or change in duty station |
| Custody | Best interests (Va. Code § 20-124.3) | Deployment may affect parenting time | May gain primary custody during deployment | Modifiable | Parenting plan must address deployment |
Results may vary.
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. Practice area breakdown: 7 Traffic/Reckless Driving, 3 Other Criminal, 1 Drug Offenses.
Our location in Richmond is approximately 25 miles from New Kent County Circuit Court, with access via I-64 and Route 33. As a Norfolk Military Divorce Lawyer New Kent County, we serve the communities of New Kent, Providence Forge, and Quinton. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (804) 201-9009. By appointment only.
Frequently Asked Questions About Military 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.
How much does a divorce cost in New Kent County, Virginia?
Yes, costs vary. 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.
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 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.
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.
How does a Virginia lawyer defend against norfolk military divorce charges?
Defense strategies for norfolk military 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.
What should I do if I am facing norfolk military divorce charges in Virginia?
If facing norfolk military 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.
For more information about military divorce in Virginia, visit our Norfolk Military Divorce Lawyer Virginia hub page. Explore related pages: Family Law Lawyer Albemarle County, Family Law Lawyer Arlington County, and Business Formation Lawyer New Kent County.
Last verified: April 2026. This page was last updated on 2026-04-28.