Fault Based Divorce Lawyer Virginia Beach, VA
You have just learned your spouse has been unfaithful—or perhaps you have endured cruelty or desertion that makes your marriage untenable—and you are now considering a fault-based divorce in Virginia Beach, Virginia. The emotional weight of that discovery is heavy enough, but the legal and financial consequences can feel overwhelming. A fault divorce does not just end a marriage; it can reshape the division of assets, spousal support obligations, and even the parenting schedule with your children. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team have represented clients in Virginia Beach for over 28 years, helping them navigate this difficult process with clear, straightforward guidance. Whether you are filing on grounds of adultery, cruelty, desertion, or a felony conviction, we can help you understand how Virginia’s equitable distribution laws and spousal support factors apply to your situation. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Fault-Based Divorce Means in Virginia Beach
Virginia recognizes both no‑fault and fault‑based grounds for divorce. Under Va. Code § 20‑91, a spouse may seek an absolute divorce on fault grounds without waiting for a separation period. The four fault grounds are adultery, cruelty (including reasonable apprehension of bodily harm), willful desertion or abandonment for one year, and conviction of a felony resulting in confinement for more than one year. Among these, adultery is unique because it carries no mandatory separation period; a spouse who proves adultery may proceed to divorce immediately.
In Virginia Beach, all divorce complaints—whether fault‑based or no‑fault—are filed in the Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Building 10B, Virginia Beach, Virginia 23456. Matters involving child custody, visitation, child support, and protective orders are heard in the Virginia Beach Juvenile and Domestic Relations District Court. Because fault grounds can influence the court’s decisions on property division and spousal support, it is important to understand how the Virginia Beach courts evaluate fault evidence. The Circuit Court judges consider the 11 statutory factors under Va. Code § 20‑107.3 when distributing marital property, and fault may weigh into factors such as the circumstances that contributed to the dissolution of the marriage. Similarly, under Va. Code § 20‑107.1, marital fault can affect the amount and duration of spousal support. An attorney who regularly appears in the local courts can help you present your case in a way that the court will carefully consider.
How Mr. Sris and His Of Counsel Approach Fault-Based Divorce in Virginia Beach
When a client comes to us with a fault‑based divorce, we begin by listening to the full story—the conduct that led to the breakdown of the marriage, the evidence that exists, and the client’s goals for property division, support, and any custody arrangements. We then build a strategy that centers on protecting the client’s financial interests and, where children are involved, their parental rights. This strategy may involve gathering witness statements, financial records, electronic communications, and other evidence that demonstrates the fault ground to the court’s satisfaction.
Our approach is to prepare every case as though it will go to trial while simultaneously exploring opportunities for a negotiated settlement. In many instances, a well‑prepared fault case persuades the other spouse to reach a fair settlement without a contested hearing. When trial is necessary, Mr. Sris and his Of Counsel have the experience to present the fault evidence clearly and accurately before the Virginia Beach Circuit Court. For complex marital estates—those involving business valuations, retirement accounts, or investment portfolios—we coordinate with forensic accountants and other financial professionals to establish a reliable picture of the marital property. Throughout the process, we keep the client informed about each step, from filing the complaint through discovery, pendente lite hearings, and final trial.
What to Expect When Pursuing a Fault-Based Divorce
After an initial consultation, the process typically begins with drafting and filing a complaint for divorce in the Virginia Beach Circuit Court. The complaint sets out the fault ground and requests the relief the client seeks. The other spouse is then served and given an opportunity to respond. During the pendency of the case, the court may enter temporary orders for spousal support, child custody, child support, and the exclusive use of the marital home or other assets.
Both parties will engage in discovery—exchanging financial documents, answering interrogatories, and potentially conducting depositions. When fault grounds are alleged, discovery often includes exploring the conduct at issue. The timeline of a fault‑based divorce depends heavily on the complexity of the marital estate, the willingness of the parties to negotiate, and the court’s calendar. Some cases resolve in a matter of months through settlement; others may require a trial that takes more than a year from filing. Whatever the pace, Mr. Sris and his Of Counsel handle each stage with careful attention to detail and an eye toward the client’s long‑term welfare.
How Fault Affects Spousal Support and Property Division
Virginia is an equitable distribution state, not a community property state. That means the court divides marital property fairly, but not necessarily equally. The eleven factors in Va. Code § 20‑107.3 guide the court’s decision. One of those factors is “the circumstances and factors which contributed to the dissolution of the marriage.” Consequently, evidence of adultery, cruelty, or desertion can persuade the court to award a larger share of the marital estate to the innocent spouse.
Fault can also influence spousal support. Under Va. Code § 20‑107.1, the court considers thirteen factors, and one of them is “the circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce.” If the conduct of one spouse destroyed the marriage, the court may order support that compensates the innocent spouse or, conversely, may reduce or deny support to a spouse whose fault was egregious. However, fault is just one factor among many; the court balances it against the duration of the marriage, the parties’ ages and health, their respective incomes and earning capacities, and the standard of living established during the marriage. An attorney who understands how the Virginia Beach judges weigh these factors can help present the fault evidence in its most persuasive light.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law in Virginia since 1997. A former prosecutor, he brings a genuine understanding of how evidence is evaluated and how cases are argued in court. He is admitted to practice 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), the bill that revised Virginia’s equitable distribution statute. His deep familiarity with the statute’s provisions gives his clients an advantage in property division cases.
Alongside Mr. Sris, the firm’s Of Counsel attorneys contribute extensive experience in family law, criminal defense, and complex litigation. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with over 4,739 documented firm-wide results. Results may vary. In Virginia Beach specifically, Mr. Sris and his Of Counsel have obtained favorable outcomes in all eight documented case results.
For a comprehensive statutory analysis of Virginia divorce laws, visit our main site’s divorce practice page.
Frequently Asked Questions
What is a fault-based divorce in Virginia?
A fault‑based divorce is one where the filing spouse alleges that the other spouse’s misconduct caused the marriage to end. Virginia law recognizes four fault grounds: adultery, cruelty, willful desertion for one year, and felony conviction with a sentence of more than one year. Unlike a no‑fault divorce, a fault‑based divorce does not require a separation period for adultery; for cruelty and desertion, the grounds themselves imply a break in the marital relationship. The fault allegation can affect property division and spousal support. For guidance specific to your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does adultery affect divorce in Virginia Beach?
Adultery is a ground for immediate divorce with no waiting period, and it can significantly influence how the court divides marital property and awards spousal support. Proving adultery often requires clear and convincing evidence, such as witness testimony, electronic records, or financial trails. When adultery is proved, the innocent spouse may receive a larger share of the marital estate, and the court may consider the adultery when deciding spousal support. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Do I need to prove fault to get divorced in Virginia?
No, you do not need to prove fault to obtain a divorce in Virginia. You can choose a no‑fault divorce after a separation period of six months (if you have no minor children and a signed separation agreement) or one year. However, alleging fault may be advantageous if you want an immediate divorce without waiting, or if you believe the other spouse’s misconduct should affect the division of property or support. To determine an appropriate $1 for your circumstances, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How long does a fault-based divorce take in Virginia Beach?
The time a fault‑based divorce takes depends on whether the case settles or goes to trial and on the Virginia Beach Circuit Court’s calendar. An uncontested fault‑based divorce—where the other spouse does not contest the fault allegation—can be resolved in a matter of months. A contested case, with discovery, motions, and trial, may take a year or more. Complex property issues or custody disputes can extend the timeline further. For a discussion of what to expect in your matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What evidence is needed for a cruelty divorce in Virginia?
To prove cruelty, you must show that your spouse’s conduct made it unsafe or unreasonable for you to continue living with them. This may include physical acts of violence, threats that cause reasonable apprehension of bodily harm, or a pattern of emotional abuse so severe that it endangers your health. Evidence can include medical records, police reports, witness statements, and records of threatening communications. An experienced attorney can help you assess the evidence you have and what additional documentation may be needed.
How can a fault-based divorce affect child custody in Virginia Beach?
Fault alone does not determine child custody in Virginia, but it may be relevant if it affects the child’s best interests. Virginia courts decide custody based on ten factors, including each parent’s relationship with the child, the child’s needs, and any history of family abuse. While adultery, for example, does not automatically disqualify a parent from custodial rights, a pattern of conduct that creates an unstable or unsafe home environment can influence the court’s decision. For guidance on how fault evidence may affect your custody case, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
If you need additional information, you can review the Virginia Code on the official legislative website: Virginia Code Title 20, Chapter 6 and Virginia Beach Circuit Court.
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Results may vary.
Case results depend on a variety of factors unique to each case.