Fault Based Divorce Lawyer Colonial Heights, VA

You discovered your spouse’s betrayal—an affair, a pattern of cruelty, or complete abandonment. Now you need to file for divorce in Colonial Heights, Virginia, and you want the court to recognize the wrongdoing that ended your marriage. Fault-based divorce is more than emotional closure; it can directly affect how property is divided, whether spousal support is awarded, and how quickly the divorce is finalized. Law Offices Of SRIS, P.C., through its Richmond location, represents clients in Colonial Heights divorce proceedings. Mr. Sris, a former prosecutor who founded the firm in 1997, works with his Of Counsel to build strong, evidence-backed cases in the Colonial Heights Circuit Court. To discuss how a fault-based filing could shape your outcome, call (888) 437-7747 for a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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Your Strategy Options in a Fault-Based Divorce

Virginia law provides several fault grounds under Va. Code § 20‑91. The ground you choose matters because it can influence equitable distribution, spousal support, and child custody. The team at Law Offices Of SRIS, P.C. helps you evaluate which ground fits your evidence and goals.

Adultery is often the most practical fault ground because it carries no waiting period after the divorce complaint is filed. If you can prove your spouse’s infidelity, you can move forward immediately. Cruelty—including conduct that makes cohabitation unsafe—and willful desertion for at least one year are also available. A felony conviction with imprisonment of more than one year can serve as a fault ground as well. Each path requires clear and convincing proof. Mr. Sris and his Of Counsel gather documentation, witness statements, and any admissions to build a record that satisfies the court. If fault cannot be sufficiently established, a no‑fault separation‑based divorce under Va. Code § 20‑91(9) remains an alternative, but the waiting period (one year, or six months with a signed separation agreement and no minor children) makes it slower.

What to Expect When Filing for Divorce in Colonial Heights

All divorce matters in Colonial Heights are heard in the Colonial Heights Circuit Court, located at 550 Boulevard, Colonial Heights, VA 23834, within the Twelfth Judicial District. Family law filings start with a Complaint for Divorce, which must assert at least one fault ground and state the factual basis for it. The court also handles related issues—equitable distribution, spousal support, and child-related matters—in the same proceeding. Because the Circuit Court has exclusive jurisdiction over divorce, you will not appear in the General District Court or Juvenile and Domestic Relations District Court unless separate custody or support petitions are filed there.

After the complaint is filed and served on your spouse, the case moves through discovery, where both sides exchange financial records, depositions, and other evidence. If the fault ground is contested, a trial may be necessary. However, many cases resolve through a negotiated property settlement agreement once the evidence is clear. Mr. Sris and his Of Counsel appear regularly in the Colonial Heights Circuit Court and understand the local procedural expectations. The timeline depends on the complexity of the issues and the court’s calendar; no two cases follow an identical schedule. You should expect to be actively involved in gathering documents and participating in strategy discussions.

Fault-Based Divorce Penalty Overview

Virginia fault divorce is not a punitive proceeding. There are no fines or jail sentences imposed on the spouse found at fault. Instead, the “penalty” is reflected in the court’s distribution of marital property, the award of spousal support, and sometimes the allocation of attorney fees. Under Va. Code § 20‑107.3, the judge divides property equitably—not necessarily equally—after considering eleven statutory factors, including the circumstances that contributed to the dissolution of the marriage. Proving adultery or cruelty can tip the scales toward a more favorable distribution for the innocent spouse. Similarly, if a spouse’s fault wasted marital assets or caused financial harm, the court can compensate the other party through a larger share of the estate or a monetary award.

Spousal support is also influenced by fault. Under Va. Code § 20‑107.1, the court examines the conduct of the parties. A spouse who commits adultery is barred from receiving spousal support unless manifest injustice would result. Child custody decisions, while centered on the best interests of the child under Va. Code § 20‑124.3, may still consider a parent’s moral fitness if it directly affects the child. The practical consequence of a successful fault-based divorce, then, is a stronger financial and custodial position. Mr. Sris and his Of Counsel work to ensure the court fully accounts for the wrongdoing when applying these statutory factors.

Attorney Credentials – Mr. Sris and His Of Counsel

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. As a former prosecutor, he brings trial experience that is valuable when fault must be proved in open court. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised key sections of the equitable distribution statute. That firsthand understanding of how Virginia divorce laws are made directly benefits his clients.

Mr. Sris works with a team of Of Counsel attorneys who collectively bring over 120 years of combined legal experience. Results may vary. Together, they handle all aspects of fault‑based divorce, from assembling evidence of adultery to negotiating settlements that avoid trial. Documented case results exceed 4,739 across all practice areas. Results may vary. The firm’s Richmond location, at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, serves clients in Colonial Heights and surrounding communities. Meetings are by appointment; call (888) 437‑7747 to schedule.

Frequently Asked Questions About Fault-Based Divorce in Virginia

What qualifies as fault in a Virginia divorce?

Virginia recognizes adultery, cruelty, willful desertion for one year, and felony conviction with imprisonment of more than one year as fault grounds. Each ground must be proved with evidence—testimony, documents, or admissions. A single act of adultery suffices; there is no need to show a pattern. Cruelty requires behavior that makes cohabitation unsafe or intolerable. Desertion means one spouse left without justification and without consent for a full year.

How does a fault-based divorce affect property division?

The court considers the circumstances that led to the divorce when distributing marital property, which can result in a larger share for the innocent spouse. Under Va. Code § 20‑107.3, the judge weighs all eleven factors; fault is one of them. If the fault caused the dissipation of assets, the court may award a credit. Adultery does not automatically mean a 50/50 split is abandoned, but it is a significant factor.

Can I get a divorce right away if I prove adultery?

Yes—adultery is the only fault ground with no mandatory waiting period. Once you prove the adultery to the court’s satisfaction, the judge may grant the divorce immediately. Other fault grounds, such as desertion, require a one‑year waiting period. The no‑fault separation option requires at least six months (with a signed agreement and no minor children) or one full year of separation.

Do I need a lawyer to file for fault-based divorce in Colonial Heights?

You are not legally required to hire a lawyer, but navigating evidentiary rules and statutory requirements without counsel is exceptionally difficult. Proving fault means presenting admissible evidence and meeting the court’s procedural standards. A procedural misstep can weaken your case or cause delays. Consulting an experienced family law attorney helps protect your rights and your financial future.

What if my spouse denies the fault ground?

If the fault ground is contested, the case proceeds to trial where the judge weighs the evidence. The burden is on the spouse asserting fault to prove it by clear and convincing evidence. Discovery—including depositions, subpoenas, and document requests—often breaks down denial. Many cases settle before trial once the evidence is clear, but preparation for a contested hearing is always the baseline.

Is mediation available in fault-based divorce cases?

Mediation is available in Virginia but is not mandatory for divorce cases. Parties may choose to mediate property, custody, and support issues at any point, even when fault is alleged. A mediator does not decide fault; the mediator helps the spouses reach agreement on the collateral issues. If mediation succeeds, the fault ground may still be presented to the court for the final decree, but the divorce can become uncontested in practical terms.

How does child custody work when fault is involved?

Custody is determined by the best interests of the child, not marital fault, unless the fault directly endangers the child. Under Va. Code § 20‑124.3, the court examines ten factors, including each parent’s relationship with the child and any history of abuse. Adultery alone does not make a parent unfit. However, if the fault exposed the child to harm, it becomes a custody factor.

What is the difference between fault-based and no-fault divorce in terms of time and cost?

Fault-based divorce can be faster because there is no mandatory separation period for adultery, but it may be more expensive if the fault is contested. No‑fault divorce requires a waiting period of six to twelve months but typically costs less because the issues are often resolved by agreement. The right approach depends on your specific circumstances and goals.

Schedule a Consultation

To discuss whether a fault-based divorce is the right path for your situation, contact Law Offices Of SRIS, P.C. Mr. Sris and his Of Counsel will review the facts, explain your options under Virginia law, and help you decide how to proceed. Call (888) 437‑7747 or request an appointment at the Richmond location. Evening and weekend consultations may be arranged by request.

Last reviewed: June 2026

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Law Offices Of SRIS, P.C. — Richmond Location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. Phone: (888) 437-7747. By appointment only.

Case results depend on a variety of factors unique to each case.