In New Kent County, Virginia, a service member divorce is governed by Va. Code § 20-91, which requires a 6-month separation (no minor children) or 1-year separation (with minor children) for no-fault divorce; Law Offices Of SRIS, P.C. has 11 documented results in New Kent County, including favorable outcomes in all reported instances.
Service Member Divorce Lawyer New Kent County, Virginia
Under Virginia law, a service member divorce is a family law matter governed by Va. Code § 20-91, which establishes the grounds for divorce. For service members, additional protections under the Servicemembers Civil Relief Act (SCRA) may apply, including stays of proceedings and protections against default judgments. Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally, under 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.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly — official site
For the full text of Virginia’s divorce statutes, see Va. Code § 20-91 (Virginia General Assembly — official site). For the equitable distribution statute, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In New Kent County Circuit Court, judges routinely require corroborating witnesses for uncontested divorce hearings. In our experience defending family law cases in New Kent, the court expects a signed property settlement agreement to resolve all financial issues before the final hearing.
- File a Complaint for Divorce at New Kent County Circuit Court, 12001 Courthouse Circle, New Kent, VA 23124.
- Serve the complaint on your spouse via sheriff or private process server.
- Negotiate a property settlement agreement addressing all marital assets and debts.
- Attend the final hearing with a corroborating witness if required.
- Obtain the Final Decree of Divorce from the court.
In New Kent County, a service member divorce involves no criminal penalties but carries significant financial and custodial consequences under Virginia’s equitable distribution laws.
| Issue | Classification | Impact | Financial Consequence | Duration | Additional Consequences |
|---|---|---|---|---|---|
| Property Division | Equitable Distribution | Division of marital assets and debts | Varies by asset value | Lifetime | Business valuation, retirement account division |
| Child Support | Guidelines-based | Monthly payment obligation | Based on combined gross income | Until child emancipates | Enforcement through wage garnishment |
| Spousal Support | 13-factor analysis | Monthly payment obligation | Varies by need and ability to pay | Fixed term or indefinite | Modifiable upon change in circumstances |
| Custody | Best interests standard | Parenting time and decision-making | No direct financial penalty | Until child emancipates | Modification upon material change |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm has 11 documented case results in New Kent County, with favorable outcomes in all reported instances.
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.
Our location in Richmond is approximately 25 miles from New Kent County Circuit Court, with access via I-64 and Route 33. If you need a service member divorce lawyer near 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.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
Phone: (804) 201-9009 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Service Member Divorce in New Kent County
How long does a divorce take in New Kent County, Virginia?
Uncontested divorces in Virginia 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), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. 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. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
Uncontested divorces in New Kent County typically resolve in 2-6 months; contested divorces take 9-18 months.
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. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at New Kent County General District Court.
The Circuit Court filing fee for a divorce complaint in New Kent County is approximately $86.
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 (12001 Courthouse Circle, New Kent, VA 23124) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state where marital property is divided fairly but not necessarily equally.
How is child custody decided in New Kent County, Virginia?
Custody in New Kent County 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. New Kent County Circuit Court handles custody within divorce cases.
Custody is decided based on the experienced interests of the child under Va. Code § 20-124.3.
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.
No-fault divorce requires 6-month or 1-year separation; fault grounds include adultery, cruelty, desertion, and felony conviction.
How does a Virginia lawyer defend against military divorce charges?
Defense strategies for 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 + Servicemembers Civil Relief Act (SCRA) to build the strongest possible defense.
What should I do if I am facing military divorce charges in Virginia?
If facing 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.
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Last updated: 2026-04-28