(888) 437-7747

Hampton, Virginia

Hampton Divorce Lawyer | Contested Divorce and Custody Representation

Contested and no-fault divorce, military pension division, custody and spousal support — filed and argued in Hampton Circuit Court and the Hampton Juvenile & Domestic Relations District Court. Founded 1997.

Call 888-437-7747 Request a Consultation
1997
Firm founded
12
Cities & counties served
§ 20-91
Virginia grounds, applied
Attorney at the Law Offices Of SRIS, P.C., Hampton Virginia divorce lawyer
Military divorce
10 U.S.C. § 1408 pension division
Equitable distribution
Va. Code § 20-107.3 — not 50/50
Six-month residency
Va. Code § 20-97 reviewed first
Peninsula & Southside
Hampton to Virginia Beach

Practice areas

Divorce and family law matters we handle in Hampton

Every matter starts with the same three questions: what the grounds are, what is in the marital estate, and what the children need. The answers decide the strategy.

01

Contested divorce

When grounds, property or custody are genuinely in dispute, the case is built for a hearing from day one — pleadings, discovery and corroborating witnesses.

Va. Code § 20-91
02

No-fault divorce

Twelve months separated with minor children, six months with a signed property settlement agreement and none. The separation date is documented, not assumed.

§ 20-91(A)(9)(a)
03

Equitable distribution

Classification, valuation and division of the marital estate — homes, businesses, retirement accounts and debt — under the statutory factors.

Va. Code § 20-107.3
04

Military divorce

Disposable retired pay, the ten-year DFAS overlap, SBP elections and deployment-aware parenting time for Langley, Fort Eustis and Norfolk families.

10 U.S.C. § 1408
05

Child custody & visitation

Legal and physical custody, relocation and modification, argued on the best-interest factors in the Circuit or J&DR court.

Va. Code § 20-124.3
06

Spousal support

Entitlement, amount and duration — including the adultery bar and its manifest-injustice exception, and support modification after entry.

Va. Code § 20-107.1

Military divorce

Langley, Fort Eustis and Norfolk families have a different divorce

Residency and domicile are separate requirements under Virginia law, and for a service member assigned to Hampton Roads that distinction can decide where the case is heard. Retired pay, BAH, SBP elections and the ten-year DFAS threshold all change the shape of a settlement.

  • 01Marital share of disposable retired pay valued under 10 U.S.C. § 1408
  • 02Ten-year overlap analyzed before relying on direct DFAS payment
  • 03Survivor Benefit Plan and TSP treated as separate negotiating items
  • 04Custody schedules built around deployment and PCS orders

Bring these to the consultation

The first meeting is more useful with documents in hand.

  • Separation date evidence Texts, leases, calendars
  • Recent tax returns Last three years
  • Pay records / LES Six months
  • Retirement statements TSP, pension, 401(k)
  • Any signed agreement Even a draft

How a Hampton divorce moves

From the separation date to the final decree

Step 01

Grounds & residency

We confirm the six-month residency and domicile, fix the separation date and decide between fault and no-fault grounds.

Step 02

Filing & pendente lite

The complaint is filed in Hampton Circuit Court, with temporary support, custody and use of the home addressed early.

Step 03

Discovery & valuation

Assets and debts are classified and valued — business interests, pensions and real estate with experts where needed.

Step 04

Resolution & decree

Settlement agreement or contested hearing, then a final decree with the property, support and custody terms enforceable.

Owner and founder of the Law Offices Of SRIS, P.C.

Our firm

Owner and founder, Law Offices Of SRIS, P.C.

The firm has represented Virginia families since 1997, with a practice concentrated in divorce, equitable distribution, military divorce, child custody and spousal support. Clients across Hampton, Newport News, Poquoson, Williamsburg and the Southside cities are handled by the same firm that files the case.

A divorce is decided by the record you build in the first sixty days, not by the argument you make at the end.

Areas served

Hampton, the Peninsula and the Southside

Divorce suits are filed in the circuit court of the city or county where jurisdiction lies. We appear across Hampton Roads and the Historic Triangle.

Ask about your city →
  • Hampton
  • Newport News
  • Poquoson
  • Williamsburg
  • Suffolk
  • Chesapeake
  • Portsmouth
  • Virginia Beach
  • Norfolk
  • York County
  • James City County
  • Isle of Wight County

Frequently asked

Virginia divorce questions, answered by statute

How long must I live in Virginia before I can file for divorce in Hampton?

One spouse must have been an actual bona fide resident and domiciliary of Virginia for at least six months before the suit is filed (Va. Code § 20-97). Residency and domicile are separate requirements, which matters for service members assigned to Virginia.

For a no-fault divorce, yes — twelve months if there are minor children of the marriage, or six months if there are none and a property settlement agreement has been signed (Va. Code § 20-91(A)(9)(a)). Fault-based grounds have different requirements.

Virginia recognizes separation within a shared residence, but it is difficult to prove. It requires an intent to end the marriage held by at least one spouse, a genuine end to marital cohabitation, and independent corroboration under Va. Code § 20-99(1). It should not be attempted without documenting it from the start.

No. Virginia divides marital property equitably under Va. Code § 20-107.3, which is not the same as equally. There is no statutory presumption of an even split.

A divorce is filed in the Hampton Circuit Court. Custody and support can be heard in the Hampton Juvenile and Domestic Relations District Court when no divorce suit is pending.

A Virginia court may treat the marital share of disposable retired pay as marital property under 10 U.S.C. § 1408. Direct payment from DFAS requires ten years of marriage overlapping ten years of creditable service; below that threshold the interest can still be awarded, but it is collected differently.

It can bar spousal support to the adulterous spouse, subject to a statutory manifest-injustice exception, and it is a ground that requires no waiting period. It also carries a heightened evidentiary burden and raises a Fifth Amendment issue for the accused spouse. It is a case-specific decision.

It depends on whether the case is contested, the size and complexity of the marital estate, and whether experts or valuations are needed. Fee arrangements are discussed at the consultation.

Talk to a Hampton divorce lawyer about your case

Bring your separation date, your income figures and any agreement you have already signed. We will tell you which grounds apply and what the next filing is.

Call 888-437-7747

Locations

Law Offices Of SRIS, P.C.
Hampton, Virginia
Serving the Peninsula & Southside
Founded
1997
Hours
24/7 by appointment