Contested Divorce Lawyer Virginia Beach, VA
You and your spouse can’t agree on custody, support, or how to divide your home, retirement accounts, and other property. A contested divorce can feel like a long battle—one that touches every part of your life. At Law Offices Of SRIS, P.C., we represent individuals across Virginia Beach, Sandbridge, Oceana, and the surrounding Hampton Roads communities who are facing divorce trials, property disputes, and contested custody matters. Mr. Sris, a former prosecutor and the firm’s Owner and Founder, leads a team of experienced Of Counsel who concentrate in Virginia family law. We understand the stakes when a marriage ends in disagreement. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Call (888) 437-7747 | Law Offices Of SRIS, P.C. — Founded 1997 | Admitted in VA, MD, DC, NJ, NY | Consultation by appointment
What Contested Divorce Means in Virginia Beach, Virginia
Virginia Beach, Virginia’s largest city, is home to families, military personnel, and a diverse economy. When a marriage breaks down and the parties cannot resolve issues of property division, spousal support, child custody, or support outside of court, the case proceeds as a contested divorce. In Virginia Beach, contested divorce matters are heard in the Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456. Standalone custody, visitation, and support disputes—often part of a larger divorce—may also be addressed in the Virginia Beach Juvenile and Domestic Relations District Court. Our Richmond Location serves clients at these courts, and we appear regularly on contested family law matters throughout the Fourth Judicial District.
Virginia is an equitable distribution state. This means the court divides marital property fairly but not necessarily equally. The judge considers eleven factors, including each spouse’s monetary and non‑monetary contributions, the duration of the marriage, and the circumstances that led to the divorce. In a contested case, the court—not the parties—makes the final determination on property, support, and custody when no agreement is reached. Because Virginia Beach’s large military population adds unique considerations, our team is familiar with pension division, deployment schedules, and the Servicemembers Civil Relief Act.
Contested Divorce in Virginia: Grounds, Property, and Court Procedure
Every divorce in Virginia must be based on a legal ground. For a contested divorce, the spouse bringing the action must prove one of the fault‑based grounds enumerated in Va. Code § 20-91 or rely on a no‑fault separation period of one year (or six months if the parties have no minor children and have signed a separation agreement). Fault grounds include adultery, cruelty, desertion for one year, and felony conviction resulting in imprisonment for more than one year. In a contested case, proving fault can affect spousal support and property division. The complaint (not a “bill of complaint”) is filed in the Virginia Beach Circuit Court, which has exclusive original jurisdiction over divorce.
After filing, the contested divorce may involve pendente lite motions asking the court to order temporary child custody, support, spousal maintenance, or exclusive use of the marital residence while the case is pending. The discovery process then allows each side to obtain financial records, depositions, and other evidence. If the case involves a complex marital estate—such as a closely held business, professional practice, or substantial retirement assets—a forensic accountant or business valuator may be engaged. Mediation is available but not mandatory. Ultimately, if the parties cannot settle, the court holds a trial where witnesses testify and the judge determines all unresolved issues. The timeline varies by case complexity and the court’s calendar.
How Mr. Sris and His Of Counsel Handle Contested Divorce Cases
Mr. Sris and his Of Counsel approach every contested divorce by preparing the case as if it will go to trial—even while working toward a reasonable settlement when possible. From the initial consultation, we identify the core disagreements: property classification, valuation of assets, custody arrangements, and the appropriate level of support. Because Virginia is an equitable distribution state, we carefully trace the source of funds and the classification of each asset to build a position that reflects the statutory factors. Our team coordinates with financial professionals when a business, investment portfolio, or military pension requires specialized analysis.
For clients in Virginia Beach, we appear at the Virginia Beach Circuit Court and J&DR Court regularly. Mr. Sris’s background as a former prosecutor brings courtroom experience to contested hearings and trials. Together with his Of Counsel, the team brings over 120 years of combined legal experience and has achieved 4,739+ documented firm-wide results. Results may vary. We present evidence, examine witnesses, and argue the legal issues that matter to the court. Throughout the process, we keep you informed so you understand the choices ahead. Results vary; prior outcomes do not guarantee a similar result. Contact us at (888) 437-7747 to schedule a consultation.
About Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised Va. Code § 20-107.3(g) relating to equitable distribution of retirement assets. His work with the Virginia legislature provides direct insight into how the state’s property division rules have evolved.
Mr. Sris is supported by an experienced Of Counsel team whose practice areas span family law, criminal defense, and complex litigation. All Of Counsel are licensed in Virginia and have extensive courtroom backgrounds. The firm’s combined legal experience—over 120 years—and 4,739+ documented firm-wide results enable us to handle contested divorces involving significant assets, business interests, and multi‑jurisdictional issues. Results may vary. We serve clients from our Richmond Location and make appearances at Virginia Beach courts by appointment. Reach us at (888) 437-7747.
Frequently Asked Questions About Contested Divorce in Virginia Beach
What does it mean to have a contested divorce in Virginia Beach?
A contested divorce means the spouses cannot agree on one or more core issues—property, support, or custody. The case proceeds through the Virginia Beach Circuit Court, where a judge decides the unresolved matters after a trial. Even if some issues are agreed, the case remains contested as long as any issue is disputed. Contested divorces typically take longer and involve more preparation than uncontested ones. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What are the grounds for a contested divorce in Virginia?
Virginia law provides fault‑based grounds such as adultery, cruelty, desertion, and felony conviction, as well as no‑fault grounds based on separation. The separation ground requires living apart for one year, or six months if the couple has no minor children and a signed separation agreement. In a contested case, the spouse filing must prove the ground alleged. The statutory authority is Va. Code § 20-91. A fault ground can influence spousal support and property division.
How does the court divide property in a Virginia contested divorce?
Virginia is an equitable distribution state; the judge divides marital property based on eleven factors. The court first classifies assets as marital, separate, or hybrid. Marital property includes everything acquired during the marriage, while separate property (gifts, inheritances, pre‑marital assets) remains with the owner. The court then values the marital estate and distributes it fairly—not necessarily equally. Complex assets like businesses, stock options, and military pensions require careful valuation.
Is Virginia a community property state?
No, Virginia is not a community property state. In community property states, marital assets are generally split 50/50. Virginia instead follows equitable distribution, which aims for a fair division based on statutory factors. The Virginia Beach Circuit Court handles all property division matters in a divorce. Separate property is excluded from distribution. For more details on how this may apply in your case, contact us at (888) 437-7747.
How long does a contested divorce take in Virginia Beach?
The length of a contested divorce in Virginia Beach varies depending on the complexity of the issues, the court’s calendar, and the parties’ willingness to settle. Uncontested cases can resolve in a few months; contested ones often take nine to eighteen months or longer. Cases involving business valuations, custody evaluations, or international assets may extend further. Working with an experienced family law team can help move the case forward efficiently.
Can I get temporary support or custody while my divorce is pending?
Yes, a Virginia court can enter pendente lite (temporary) orders for child custody, support, spousal maintenance, and exclusive use of the marital home while the divorce is pending. A pendente lite hearing is typically scheduled after the complaint is filed. These orders remain in effect until the final decree is entered. Requesting temporary relief early can provide stability during the process. To discuss temporary orders, call Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer for a contested divorce?
While you are not legally required to hire a lawyer, contested divorce involves complex legal rules, evidence procedures, and negotiation—most people are better served with experienced representation. The court holds self‑represented parties to the same standards as lawyers. Mr. Sris and his Of Counsel handle all aspects of contested divorce, from discovery to trial. A consultation can help you understand your options.
How much does a contested divorce cost?
Fees vary depending on the complexity of the case, whether custody and support are disputed, and whether attorneys are needed. Court filing fees and service costs are set by the clerk’s office. Attorney fees depend on the time required to prepare and litigate the matter. During a consultation, we can discuss what to expect given your circumstances. Contact us at (888) 437-7747 to schedule an appointment.
What happens if my spouse is in the military and we divorce in Virginia Beach?
Military divorces follow the same Virginia grounds and procedures, but federal law—especially the USFSPA and SCRA—may affect pension division, child support, and the timing of the case. Virginia Beach’s large military community means we handle these issues regularly. The Servicemembers Civil Relief Act can pause proceedings while a service member is on active duty. We work to protect the rights of both military and civilian spouses.
How does the court determine custody in a contested case?
Custody is decided based on the best interests of the child, using ten statutory factors under Va. Code § 20-124.3. The court looks at the child’s needs, each parent’s role in the child’s life, the ability of each parent to support the other parent’s relationship with the child, and any history of abuse or neglect. In contested cases, a guardian ad litem may be appointed to represent the child’s interests. Custody trials can be emotionally demanding; experienced counsel can guide you through the process.
Related Virginia Family Law Pages: Fairfax County Family Law · Fairfax City Family Law · Falls Church Family Law · Prince William County Family Law · Manassas Family Law
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.