A flat fee uncontested divorce in Virginia Beach is governed by Va. Code § 20-91, requiring a 6-month separation (no minor children with a signed agreement) or 1-year separation. Law Offices Of SRIS, P.C. has extensive family law experience in Virginia Beach, helping clients handle the process efficiently. Mr. Sris personally amended Va. Code § 20-107.3, the statute governing equitable distribution in every Virginia divorce.
Flat Fee Uncontested Divorce Lawyer in Virginia Beach, Virginia
Under Virginia law, a flat fee uncontested divorce is a dissolution of marriage where both spouses agree on all terms — property division, spousal support, child custody, and child support — without the need for litigation. The governing statute is Va. Code § 20-91, which establishes the grounds for divorce. For a no-fault divorce, you must live separate and apart for 6 months if you have no minor children and have signed a property settlement agreement, or 1 year if you have minor children. The court must also approve the separation agreement as fair and equitable. 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: May 2026 | Virginia Beach Circuit Court | Virginia General Assembly — official site
For the full text of the divorce statute, see Va. Code § 20-91 (Virginia General Assembly — official site). For equitable distribution guidelines, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Virginia Beach Circuit Court, prosecutors do not appear in divorce cases — this is a civil matter. However, the court requires a corroborating witness at the final hearing to testify that the grounds for divorce exist. We have observed that many clients underestimate the importance of this requirement.
- Meet the separation period: 6 months (no minor children with signed agreement) or 1 year (with minor children).
- Draft and sign a full property settlement agreement addressing all issues.
- File a complaint for divorce at Virginia Beach Circuit Court, 2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456.
- Arrange for a corroborating witness to attend the final hearing.
- Attend the final hearing and present your agreement for court approval.
- Receive your final decree of divorce.
In Virginia Beach, Virginia, an uncontested divorce does not carry criminal penalties, but failure to comply with court orders regarding property division, spousal support, or child support can result in contempt of court, fines, and potential incarceration.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Contempt of Court (failure to pay support) | Civil/Criminal Contempt | Up to 12 months | Up to $2,500 | Driver’s license suspension | Wage garnishment, tax refund intercept, credit damage |
| Failure to comply with property division order | Civil Contempt | Up to 12 months | Up to $2,500 | None | Judgment enforcement, asset seizure |
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 — no other Virginia family law attorney can claim personal involvement in writing the law they practice under.
Law Offices Of SRIS, P.C. has 8 documented case results in Virginia Beach across all practice areas, with a favorable outcome in all reported instances. Results may vary. Firm-wide, the firm has 4,739+ documented results across VA, MD, DC, NY and NJ.
Our location in Richmond is approximately 90 miles from Virginia Beach Circuit Court, with access via I-64 and I-264. We serve as a simple divorce filing lawyer Virginia Beach and no-fault divorce lawyer Virginia Beach for clients throughout the area. Serving the communities of Virginia Beach, Sandbridge, and Oceana. 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 Flat Fee Uncontested Divorce in Virginia Beach
How long does a divorce take in Virginia Beach (City), Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Virginia Beach Juvenile & Domestic Relations District Court (custody/support/protective orders) and Virginia Beach 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. Va. Code § 20-91 governs the separation requirements.
Uncontested divorces in Virginia Beach typically take 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Virginia Beach, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs approximately $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). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases are filed at Virginia Beach Circuit Court.
The filing fee is approximately $86, with additional costs for service, Guardian ad Litem, and mediation.
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). Virginia Beach Circuit Court (2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state, not a community property state.
How is child custody decided in Virginia Beach, Virginia?
Custody in Virginia Beach 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. Virginia Beach J&DR Court handles standalone custody. Virginia Beach 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 Virginia Beach Circuit Court. Va. Code § 20-91 lists all grounds.
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 flat fee uncontested divorce charges?
Defense strategies for flat fee uncontested 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 flat fee uncontested divorce charges in Virginia?
If facing flat fee uncontested 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 in Virginia, visit our Flat Fee Uncontested Divorce Lawyer Virginia hub page. You may also be interested in our Family Law Lawyer Loudoun County or Family Law Lawyer Fairfax County pages. For related practice areas, see Petit Larceny Defense Lawyer Virginia Beach or Assault Lawyer Virginia Beach.
Page last updated: 2026-05-01. Legal information may change; consult an attorney for current advice.