Uncontested Divorce Lawyer Chesapeake, Virginia
An uncontested divorce in Chesapeake, Virginia, requires a 6-month or 1-year separation under Va. Code § 20-91; Law Offices Of SRIS, P.C. — Advocacy Without Borders — has 6 documented results in Chesapeake and handles all aspects of simple divorce filing, no-fault divorce, and complex property division. Call (888) 437-7747 for a consultation by appointment.
Virginia Divorce Law: Va. Code § 20-91 and Related Statutes
Virginia law provides for both fault and no-fault divorce grounds under Va. Code § 20-91. 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. Fault grounds include adultery (no waiting period), cruelty, desertion for 1 year, and felony conviction with imprisonment for 1+ year. Virginia is an equitable distribution state under Va. Code § 20-107.3 — marital property is divided fairly but not necessarily 50/50. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience.
Last verified: May 2026 | Chesapeake Circuit Court | Virginia General Assembly — official site
Official Legal References
- Va. Code § 20-91 (Virginia General Assembly — official site) — Grounds for divorce
- Va. Code § 20-107.3 (Virginia General Assembly — official site) — Equitable distribution statute
Insider Knowledge: Chesapeake Divorce Process
In Chesapeake Circuit Court, judges routinely require a corroborating witness at uncontested divorce hearings. We have observed that having a witness who can confirm the separation period and the terms of your agreement streamlines the process significantly.
- Meet the separation requirement: 6 months (no minor children with signed agreement) or 1 year (with minor children).
- Draft and sign a full property settlement agreement addressing all assets, debts, support, and custody.
- File the complaint for divorce at Chesapeake Circuit Court, 307 Albemarle Drive, Chesapeake, VA 23322.
- Serve the complaint on your spouse and obtain a waiver of service or proof of service.
- Attend the uncontested hearing with your corroborating witness and signed agreement.
- Receive the final decree of divorce from the judge.
In Chesapeake, Virginia, divorce matters carry no criminal penalties, but the financial and legal consequences of property division, spousal support, and child support can be substantial.
| Issue | Classification | Timeline | Cost | Impact | Additional Consequences |
|---|---|---|---|---|---|
| Uncontested Divorce (No Minor Children) | No-fault | 2-4 months | $86 filing fee + legal fees | Marriage dissolved | Property division per separation agreement |
| Uncontested Divorce (With Minor Children) | No-fault | 2-6 months | $86 filing fee + legal fees | Marriage dissolved; custody/support determined | Child support guidelines apply; custody hearing may be required |
| Contested Divorce | Fault or No-fault | 9-18 months | $86 filing fee + higher legal fees | Marriage dissolved; court decides all issues | Trial, discovery, experienced witnesses, Guardian ad Litem costs |
Results may vary.
Your Chesapeake Uncontested Divorce Attorney
Documented Case Results in Chesapeake
Law Offices Of SRIS, P.C. has 6 documented results in Chesapeake: a favorable outcome in all reported instances across all practice areas. Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ. Results may vary.
Our Location Serving Chesapeake
Our location in Richmond is approximately 90 miles from Chesapeake Circuit Court, with access via I-64 and I-464. We serve clients throughout the Chesapeake area.
Searching for an uncontested divorce lawyer near Chesapeake? We are here to help.
Serving the communities of Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
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 Uncontested Divorce in Chesapeake
How long does a divorce take in Chesapeake, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Chesapeake Circuit Court (307 Albemarle Drive, Chesapeake, VA 23322), depending on mandatory separation periods and court calendar. Contested divorces routinely take 9-18 months. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree. Uncontested divorces in Chesapeake typically take 2-6 months.
How much does a divorce cost in Chesapeake, Virginia?
It depends. 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. The Circuit Court filing fee for 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 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?
It depends. 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?
It depends. 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. Virginia offers no-fault divorce after 6-month or 1-year separation, plus fault grounds.
How does a Virginia lawyer defend against cheap uncontested divorce charges?
It depends. Defense strategies for cheap 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 cheap uncontested divorce charges in Virginia?
Contact an attorney immediately. If facing cheap 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.
How does a Virginia lawyer defend against flat fee uncontested divorce charges?
It depends. 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.
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Last verified: May 2026 | Page generated: 2026-05-01