A contested divorce in New Kent County, Virginia, is a family law matter governed by Va. Code § 20-91 (grounds for divorce) and § 20-107.3 (equitable distribution — personally amended by Mr. Sris). Law Offices Of SRIS, P.C. has 11 documented results in New Kent County, with a favorable outcome in all reported instances.
Contested Divorce Lawyer in New Kent County, Virginia
Under Virginia law, a contested divorce occurs when spouses cannot agree on one or more issues, including property division, spousal support, child custody, or child support. The legal framework is established under Va. Code § 20-91, which outlines grounds for divorce, and Va. Code § 20-107.3, the equitable distribution statute that Mr. Sris personally amended. Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The court considers 11 statutory factors under § 20-107.3 to determine a fair division. For a contested divorce, you must demonstrate either no-fault grounds (6-month separation with no minor children and a signed separation agreement, or 1-year separation with minor children) or fault grounds such as adultery, cruelty, desertion for 1 year, or felony conviction with imprisonment for 1+ year. 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 Circuit Court | Virginia General Assembly — official site
For the full text of Virginia’s divorce statutes, 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, contested divorce cases often involve complex equitable distribution issues, including business valuations and retirement asset division. We have observed that the court places significant weight on the 11 factors under Va. Code § 20-107.3, particularly when one spouse has a higher income or when separate property is commingled with marital assets.
- File the divorce complaint 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.
- Attend the pendente lite hearing for temporary orders on support and custody.
- Exchange financial documents during discovery, including tax returns and bank statements.
- Participate in mediation to attempt settlement before trial.
- Proceed to trial if no settlement is reached, presenting evidence for equitable distribution.
In New Kent County, a contested divorce involves financial and legal consequences, including the division of marital property, potential spousal support, and child support obligations under Virginia law.
| Issue | Legal Standard | Court | Timeline | Costs | Additional Consequences |
|---|---|---|---|---|---|
| Equitable Distribution | Va. Code § 20-107.3 | New Kent County Circuit Court | 9-18 months | Filing fee: $86; attorney fees vary | Division of marital property, including retirement accounts |
| Spousal Support | Va. Code § 20-107.1 | New Kent County Circuit Court | 9-18 months | Pendente lite motion costs | Ongoing support payments based on 13 factors |
| Child Custody | Va. Code § 20-124.3 | New Kent County J&DR Court | 2-6 months (standalone) | Guardian ad Litem: $500-$2,500+ | Parenting time and decision-making authority |
| Child Support | Va. Code § 20-108.1 | New Kent County J&DR Court | 2-6 months | Guidelines based on combined gross income | Ongoing support payments |
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 in all reported instances. Results may vary. These results include traffic, criminal, and drug offense cases, demonstrating the firm’s broad litigation experience in New Kent County General District Court.
Our location in Richmond is approximately 30 miles from New Kent County Circuit Court, with access via I-64 and Route 33. As a contested 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 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Contested 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), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Complex equitable distribution with business valuation or retirement assets can extend to 12-24 months. The timeline is governed by Va. Code § 20-91 (divorce grounds) and § 20-107.3 (equitable distribution).
How much does a divorce cost in New Kent County, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86. Additional costs include sheriff service of process ($12), private process server ($50-$100), pendente lite motion costs, Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300/hour per party). These costs are associated with cases filed at New Kent County General District Court and Circuit Court.
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.
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.
What are the grounds for divorce in Virginia?
No-fault grounds include 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion (1 year), and felony conviction (1+ year imprisonment). Filed at New Kent County Circuit Court under Va. Code § 20-91.
How does a Virginia lawyer defend against contested divorce charges?
Defense strategies for a contested divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with the opposing party, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (fault-based or 1-year separation) to build the strongest possible defense.
What should I do if I am facing contested divorce charges in Virginia?
If facing contested 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 family law services in Virginia, visit our Flat Fee Uncontested Divorce Lawyer Virginia page. You may also find these pages useful: Family Law Lawyer Loudoun County, Family Law Lawyer Fairfax County, and Petit Larceny Defense Lawyer New Kent County.
Page Last verified: April 2026. Content reviewed for accuracy against Virginia Code and court procedures.