A contested divorce in Chesapeake, Virginia, involves disputes over property, custody, or support, governed by Va. Code § 20-91 and § 20-107.3. Law Offices Of SRIS, P.C. has 6 documented results in Chesapeake, providing representation at Chesapeake Circuit Court. A Contested Divorce Lawyer Chesapeake can guide you through this complex process.
Contested Divorce Lawyer Chesapeake, Virginia
In Virginia, a contested divorce occurs when spouses cannot agree on key issues such as property division, child custody, child support, or spousal support. The legal framework is established under Va. Code § 20-91 (divorce grounds) and Va. Code § 20-107.3 (equitable distribution — personally amended by Mr. Sris). Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The court considers 11 factors under § 20-107.3 to determine a fair division. For a contested divorce, you must meet the separation requirement: 6 months if you have a signed separation agreement and no minor children, or 1 year if you have minor children. Fault grounds, such as adultery or cruelty, may waive the waiting period. 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 | Chesapeake Circuit Court | Virginia General Assembly — official site
For the full text of Virginia’s divorce statutes, see Va. Code Title 20, Chapter 6 (Virginia General Assembly — official site). For court procedures and filing requirements, visit Chesapeake Circuit Court (Virginia Courts — official site).
In Chesapeake Circuit Court, contested divorce cases often involve complex equitable distribution issues, including business valuations and retirement asset division. We have observed that judges in Chesapeake place significant weight on the 11 factors under Va. Code § 20-107.3, particularly the contributions of each spouse to the marriage.
Prosecutors and family court attorneys in Chesapeake routinely request forensic accountants for high-asset cases. In our experience defending contested divorces in Chesapeake, early financial disclosure can simplify the process and reduce litigation costs.
- File a divorce complaint at Chesapeake Circuit Court, 307 Albemarle Drive, Chesapeake, VA 23322.
- Serve your spouse with the divorce papers via sheriff or private process server.
- Attend a pendente lite hearing for temporary orders on support and custody.
- Exchange financial documents and attend mediation to attempt settlement.
- If no settlement, proceed to trial for the judge to decide all contested issues.
- Receive the final divorce decree from the court.
In Chesapeake, a contested divorce carries no criminal penalties but involves significant financial and custodial stakes. The court may order spousal support, child support, and property division under Virginia law.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Contested Divorce (Property Dispute) | Civil Matter | N/A | N/A | N/A | Equitable distribution of marital assets; potential spousal support |
| Contested Divorce (Custody Dispute) | Civil Matter | N/A | N/A | N/A | Custody determination based on experienced interests of the child; child support |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ 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. This unique credential sets the firm apart in contested divorce cases. The firm’s experience includes handling complex property division, business valuation, and custody disputes at Chesapeake Circuit Court.
Law Offices Of SRIS, P.C. has 6 documented results in Chesapeake: all favorable outcomes across all practice areas — a favorable-outcome rate of 100%. Results may vary. The firm has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ.
Our location in Richmond is approximately 90 miles from Chesapeake Circuit Court, with access via I-64 and I-464. As a contested divorce lawyer near Chesapeake, we serve the communities of Chesapeake, Deep Creek, Great Bridge, and Greenbrier. 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.
Frequently Asked Questions About Contested Divorce in Chesapeake
How long does a divorce take in Chesapeake (City), Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Chesapeake (City) Juvenile & Domestic Relations District Court (custody/support/protective orders) and Chesapeake (City) 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. This timeline is governed by Va. Code § 20-91 and § 20-107.3, and the court involved is Chesapeake Circuit Court.
Contested divorces in Chesapeake typically take 9-18 months.
How much does a divorce cost in Chesapeake, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86; sheriff service of process is approximately $12; private process server costs $50-$100; pendente lite motion incurs additional court costs; Guardian ad Litem for custody typically costs $500-$2,500+; mediation costs $100-$300/hour per party. These costs are associated with cases filed at Chesapeake General District Court and Chesapeake Circuit Court.
The filing fee for a divorce in Chesapeake 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). Chesapeake Circuit Court (307 Albemarle Drive, Chesapeake, VA 23322) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state.
How is child custody decided in Chesapeake, Virginia?
Custody in Chesapeake 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. Chesapeake J&DR Court handles standalone custody. Chesapeake 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 Chesapeake Circuit Court. The Circuit Court filing fee for a divorce complaint is approximately $86.
Virginia allows no-fault divorce after 6-month or 1-year separation, or fault grounds like adultery.
How does a Virginia lawyer defend against contested divorce charges?
Defense strategies for contested 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 (fault-based or 1-year separation) to build the strongest possible defense.
A lawyer defends against contested divorce by challenging evidence and negotiating under Va. Code § 20-91.
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.
Contact a family law attorney immediately if facing contested divorce charges.
For more information on family law matters in Virginia, visit our Flat Fee Uncontested Divorce Lawyer Virginia hub page. You may also find these related pages useful: Family Law Lawyer Loudoun County, Family Law Lawyer Falls Church, and Family Law Lawyer Fairfax County. For other legal needs in Chesapeake, see Petit Larceny Defense Lawyer Chesapeake and Assault Lawyer Chesapeake.
Last verified: April 2026. This page was last updated on 2026-05-01.
Results may vary. Case results depend on a variety of factors unique to each case. By appointment only.
Attorney responsible for this advertising: Mr. Sris.
Law Offices Of SRIS, P.C. — 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (888) 437-7747