In Colonial Heights, Virginia, an uncontested divorce under Va. Code § 20-91 requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children); Law Offices Of SRIS, P.C. — Advocacy Without Borders — brings 120+ years combined legal experience and 4,739+ firm-wide results across VA, MD, DC, NY and NJ to help you handle the process.
Flat Fee Uncontested Divorce Lawyer Colonial Heights, Virginia
Under Virginia law, divorce is governed by Va. Code § 20-91, which establishes both no-fault and fault-based grounds for dissolution of marriage. For a no-fault divorce, you must live separate and apart from your spouse for six months if you have no minor children and have signed a property settlement agreement, or one year if you have minor children. Fault grounds include adultery (no waiting period), cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. Virginia is an equitable distribution state under Va. Code § 20-107.3 — a statute personally amended by Mr. Sris — meaning marital property is divided fairly but not necessarily 50/50. The court considers 11 factors when dividing property, including the duration of the marriage, each spouse’s contributions, and the economic circumstances of each party.
Last verified: May 2026 | Colonial Heights Circuit Court | Virginia General Assembly — official site
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience.
For the full text of Virginia’s divorce statutes, see Va. Code § 20-91 (Virginia General Assembly — official site) and Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Colonial Heights Circuit Court, judges routinely require a corroborating witness at the uncontested divorce hearing — someone who can testify that the separation period has been met and that the property settlement agreement is voluntary. We have observed that failing to bring a corroborating witness can delay the final decree by weeks.
- Confirm you meet Virginia’s residency requirement — you or your spouse must have lived in Virginia for at least six months before filing.
- Complete the mandatory separation period — six months if no minor children and you have a signed property settlement agreement, or one year if you have minor children.
- Draft and sign a full property settlement agreement addressing all issues: property division, spousal support, child custody, and child support.
- File the complaint for divorce at Colonial Heights Circuit Court, located at 550 Boulevard, Colonial Heights, VA 23834, along with the $86 filing fee.
- Attend the uncontested hearing with your corroborating witness to obtain the final decree of divorce.
In Colonial Heights, Virginia, divorce outcomes under Va. Code § 20-91 and § 20-107.3 carry significant financial and custodial consequences depending on the grounds and circumstances.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| No-Fault Divorce (6-month separation, no minor children) | Civil proceeding | None | $86 filing fee | None | Property division under Va. Code § 20-107.3; spousal support possible |
| No-Fault Divorce (1-year separation, with minor children) | Civil proceeding | None | $86 filing fee | None | Child custody and support determined under Va. Code § 20-124.2 and § 20-108.1 |
| Fault Divorce (adultery) | Civil proceeding | None | $86 filing fee | None | No waiting period; may affect spousal support and property division |
| Fault Divorce (cruelty, desertion, felony conviction) | Civil proceeding | None | $86 filing fee | None | May require proof; affects equitable distribution and support |
Results may vary.
Law Offices Of SRIS, P.C. has 4 total documented case results in Colonial Heights across all practice areas, with a favorable outcome in all reported instances. Firm-wide, the firm has 4,739+ documented results across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%.
Results may vary.
Our location in Richmond is approximately 20 miles from Colonial Heights Circuit Court, with access via I-95 and Route 144 (Temple Avenue).
Family law lawyer near Colonial Heights.
Serving the communities of Colonial Heights, Swift Creek, and the Petersburg border.
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
(804) 201-9009
By appointment only
Frequently Asked Questions About Divorce in Colonial Heights, Virginia
How long does a divorce take in Colonial Heights (City), Virginia?
It depends. Uncontested divorces typically resolve in 2-6 months after filing at Colonial Heights Circuit Court, depending on the mandatory separation period and court calendar. Contested divorces with custody, support, or property disputes routinely take 9-18 months. Under Va. Code § 20-91, you must complete a 6-month or 1-year separation period before the court can enter a final decree.
How much does a divorce cost in Colonial Heights, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86. Additional costs include sheriff service of process ($12), private process server ($50-$100), Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300/hour per party). Cases are filed at Colonial Heights General District Court.
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). Colonial Heights Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Colonial Heights, Virginia?
Custody 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. Colonial Heights J&DR Court handles standalone custody; Colonial Heights Circuit Court handles custody within divorce cases.
What are the grounds for divorce in Virginia?
No-fault grounds include 6-month separation (no minor children with signed agreement) or 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion (1 year), and felony conviction (1+ year imprisonment). All divorces are filed at Colonial Heights Circuit Court under Va. Code § 20-91.
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 Norfolk Military Divorce Lawyer Virginia page.
Explore related family law services in nearby localities: Family Law Lawyer Loudoun County, Family Law Lawyer Falls Church, and Family Law Lawyer Fairfax County.
We also handle other legal matters in Colonial Heights: Non Compete Lawyer Colonial Heights and Distribution Agreement Lawyer Colonial Heights.
Last verified: May 2026 | Colonial Heights Circuit Court | Virginia General Assembly — official site