In New Kent County, Virginia family law matters are governed by Va. Code § 20-107.3 (equitable distribution, personally amended by Mr. Sris) and § 20-124.2 (custody). Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County. A Third Party Custody Lawyer New Kent County can help grandparents and other relatives seek custody rights.
Virginia Family Law Statutes for New Kent County
Virginia family law governs divorce, child custody, child support, spousal support, and equitable distribution of marital property. The primary statutes include Va. Code § 20-91 (divorce grounds), § 20-107.3 (equitable distribution — personally amended by Mr. Sris), § 20-108.1 (child support guidelines), and § 20-124.2 (custody best interests). Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily 50/50. A Third Party Custody Lawyer New Kent County understands these statutes and how they apply to non-parent custody petitions.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly — Title 20
Third Party Custody Rights Under Virginia Law
Virginia law permits third parties — including grandparents, stepparents, and other relatives — to file a non-parent custody petition under Va. Code § 20-124.2 and § 20-124.3. The court applies the “best interests of the child” standard using 10 statutory factors. A non-parent custody petition lawyer New Kent County can guide you through this process. The burden of proof for a third party seeking custody is higher than for a parent, requiring clear and convincing evidence that custody with the third party is in the child’s best interest.
Official Virginia Legal Resources
- Va. Code § 20-124.2 — Custody and Visitation Best Interests (official Virginia General Assembly)
- New Kent County General District Court — Official Website
Insider Procedural Edge: New Kent County Family Court
New Kent County Circuit Court handles all divorce, equitable distribution, and spousal support matters. New Kent County Juvenile and Domestic Relations Court handles standalone custody, visitation, child support, and protective orders. Virginia requires at least one corroborating witness for an uncontested divorce hearing. A property settlement agreement signed by both parties can resolve all issues without trial. Mediation is available but not mandatory in Virginia. A third party custodian rights lawyer New Kent County knows the local court procedures and can help you handle the system.
- File the Petition: File a complaint for divorce or a petition for custody at the New Kent County Circuit Court (12001 Courthouse Circle). Filing fee: approximately $86.
- Serve the Other Party: Have the sheriff or a private process server serve the other party. Sheriff service: approximately $12; private process server: $50-$100.
- Attend Pendente Lite Hearing: If temporary support or custody is needed, request a pendente lite hearing. Typically set within 21-60 days of the motion.
- Complete Discovery: Exchange financial documents, tax returns, and other relevant information. For complex estates, forensic accountants may be needed.
- Attend Mediation (Optional): Mediation costs $100-$300/hour per party. While not mandatory in Virginia, it can help resolve issues without trial.
- Final Hearing or Trial: Uncontested cases: 2-4 months. Contested cases: 9-18 months. Complex equitable distribution: 12-24 months.
In New Kent County, Virginia family law matters involve equitable distribution of marital property, child custody determinations, and support calculations under Virginia statutory guidelines.
| Issue | Legal Standard | Timeline | Court | Additional Considerations |
|---|---|---|---|---|
| Uncontested Divorce | 6-month separation (no minor children) or 1-year separation (with minor children) | 2-4 months from filing | New Kent County Circuit Court | Requires signed separation agreement; corroborating witness needed |
| Contested Divorce | Fault or no-fault grounds | 9-18 months | New Kent County Circuit Court | May require trial; Guardian ad Litem for custody: $500-$2,500+ |
| Child Custody | Best interests of the child (10 factors under Va. Code § 20-124.3) | Varies; pendente lite hearing within 21-60 days | New Kent County J&DR Court (standalone) or Circuit Court (within divorce) | Guardian ad Litem typically appointed for contested cases |
| Child Support | Virginia guidelines based on combined gross income | Ongoing until child emancipates | New Kent County J&DR Court or Circuit Court | Modification available upon showing of material change in circumstances |
| Spousal Support | 13 statutory factors under Va. Code § 20-107.1 | Duration varies; may be temporary or permanent | New Kent County Circuit Court | Modification available upon showing of material change in circumstances |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your New Kent County Family Law Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs how marital property is divided in Virginia divorces. This is a unique achievement that no other family law attorney in Virginia can claim. The firm has firm-wide 4,739+ documented case results across all practice areas with a 93%+ favorable outcome rate. Our tagline is “Advocacy Without Borders.”
Mr. Sris, founder and managing attorney, provides strategic oversight on all complex family law matters. His background as a former prosecutor and his personal amendment of Va. Code § 20-107.3 provide a powerful advantage in New Kent County family law cases.
Case Results in New Kent County
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County, with a 100% favorable outcome rate. These results include dismissals, reductions, and favorable settlements in family law and related matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our New Kent County Family Law Services
Our Richmond Location serves clients at New Kent County courts (12001 Courthouse Circle). The location is accessible via I-64, Route 33, Route 249, and Route 60. We serve the communities of New Kent, Providence Forge, and Quinton.
Looking for a family law lawyer near New Kent County? Our Richmond office is conveniently located to serve all of New Kent County and surrounding areas.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Family Law in New Kent County
How long does a divorce take in New Kent County, Virginia?
It depends. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree. Contested divorce: 9-18 months. Complex equitable distribution with business valuation or retirement assets: 12-24 months. Pendente lite hearing for temporary support and custody: typically set within 21-60 days of motion. Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault.
How much does a divorce cost in New Kent County, 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. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3).
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). New Kent County Circuit Court (12001 Courthouse Circle, New Kent, VA 23124) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in New Kent County, Virginia?
Custody in New Kent County is based on the best 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. New Kent County J&DR Court handles standalone custody. New Kent County Circuit Court handles custody within divorce cases. 11 total documented case results across all practice areas (100% favorable outcome rate).
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 New Kent County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100.
Can a grandparent file for custody in New Kent County?
Yes. Under Va. Code § 20-124.2 and § 20-124.3, grandparents and other third parties can file a non-parent custody petition. The court applies the best interests standard with a higher burden of proof — clear and convincing evidence. A Third Party Custody Lawyer New Kent County can help you understand your rights and file the necessary paperwork at New Kent County J&DR Court or Circuit Court.
Related Legal Services
- Virginia Family Law Lawyer
- Henrico County Family Law Lawyer
- Chesterfield County Family Law Lawyer
- New Kent County Criminal Defense Lawyer
- New Kent County DUI/DWI Lawyer
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.