Adultery Divorce Lawyer Roanoke County, VA
Learning that a spouse has been unfaithful is one of the most difficult situations a person can face in a marriage. In Virginia, adultery is more than a private matter—it is a fault ground for divorce under Va. Code § 20-91(1) that can allow you to move forward without the mandatory separation period, and it can significantly affect how property is divided, whether spousal support is awarded, and even how custody and visitation are decided. If you are considering an adultery-based divorce in Roanoke County, it is important to understand how the law applies to your situation and how the process works at the Roanoke County Circuit Court. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997 and works with Of Counsel to help clients in Salem, Vinton, Cave Spring, Hollins, Catawba, and throughout the Roanoke Valley navigate fault-based divorce. Reach our location at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Adultery Divorce Means in Roanoke County
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. When a marriage ends because of adultery, the fault factor can influence the outcome of several issues in the divorce. Under Va. Code § 20-91(1), adultery is a fault ground for divorce that allows the innocent spouse to file for divorce immediately without waiting for a separation period of six months or one year. This is a significant difference from a no-fault divorce, where the parties must either live apart for a full year (or six months if there are no minor children and a written separation agreement is in place) before the court can enter a final decree.
To obtain an adultery divorce in Roanoke County, the spouse alleging adultery must present clear and convincing evidence that the other spouse engaged in voluntary sexual intercourse with someone other than the spouse during the marriage. This is a higher standard of proof than is required in many civil matters. The Roanoke County Circuit Court, located at 305 East Main Street in Salem, has exclusive jurisdiction over divorce cases in the Twenty-third Judicial District. The court will consider how the adultery impacts equitable distribution under Va. Code § 20-107.3, whether spousal support should be denied or limited under Va. Code § 20-107.1, and what custody and visitation arrangements serve the best interests of the child under Va. Code § 20-124.3. Because adultery can affect so many aspects of the final judgment, having experienced counsel who understands how these statutes interact in a Roanoke County courtroom can make a meaningful difference in the outcome of your case.
How Mr. Sris and His Of Counsel Handle Adultery Divorce Cases
Mr. Sris and his Of Counsel approach each adultery divorce with a focus on building a strong factual record while protecting the client’s interests both in and out of court. Adultery cases often involve sensitive personal information and can become contentious quickly. The firm works with clients to gather admissible evidence—such as testimony, electronic records, financial documentation, and witness statements—that meets the clear-and-convincing standard required by Virginia law. Mr. Sris and his Of Counsel are also experienced in handling situations where the spouse who committed adultery may contest the allegations or attempt to shift blame, which can complicate the case and increase the need for thorough preparation.
Because adultery can bar the offending spouse from receiving spousal support under Va. Code § 20-107.1, and may also result in a greater share of marital property being awarded to the innocent spouse, the economic stakes are often high. Mr. Sris and his Of Counsel analyze the marital estate, including real property, retirement accounts, business interests, and other assets, to present a complete picture to the court. If there are children, they work to show how the adultery has affected—or not affected—the children’s welfare and the other parent’s fitness. In all matters, the firm aims to resolve the case efficiently when possible, while remaining prepared to take the case to trial at the Roanoke County Circuit Court if settlement cannot be reached. Results may vary.
About Mr. Sris and His Of Counsel Team
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. A former prosecutor, Mr. Sris brings courtroom experience and a detailed understanding of how evidence is presented and challenged in Virginia courts. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris works closely with his Of Counsel team—experienced attorneys engaged through Excella—to manage family law cases, including fault-based divorce matters in Roanoke County. The Of Counsel attorneys who support adultery divorce cases include practitioners with backgrounds in criminal law, family law, and litigation, offering a multi-faceted approach to evidence gathering and case strategy. Over 120 years of combined legal experience between Mr. Sris and his Of Counsel, with 4,739+ documented firm-wide results, is brought to bear on each matter. Results may vary.
Frequently Asked Questions
Can I file for divorce immediately if my spouse committed adultery in Roanoke County?
Yes, under Virginia law you can file for divorce immediately based on adultery without waiting for any separation period. Adultery is a fault ground for divorce under Va. Code § 20-91(1), which means the innocent spouse does not need to live apart from the other spouse for six months or a year before filing. The complaint is filed in the Roanoke County Circuit Court. However, you will need to prove the adultery by clear and convincing evidence to obtain a fault-based divorce. Mr. Sris and his Of Counsel can help you evaluate whether the evidence in your case is sufficient to meet that standard and advise you on the most practical way to proceed.
How does adultery affect property division in a Virginia divorce?
Adultery can influence how marital property is divided because the court may consider fault as a factor in equitable distribution. Virginia’s equitable distribution statute, Va. Code § 20-107.3, lists several factors the court must weigh, including the circumstances and factors that contributed to the dissolution of the marriage. If the court finds that one spouse’s adultery was a significant factor in breaking up the marriage, it may award a larger share of the marital estate to the innocent spouse. The exact impact depends on the specific facts of each case and how the court weighs all the statutory factors.
Do I need proof of adultery to get a fault divorce in Roanoke County?
Yes, to obtain a divorce on the ground of adultery in Virginia, you must present clear and convincing evidence of the adultery. This is a higher standard than the preponderance-of-the-evidence standard used in many civil cases. Evidence may include testimony from witnesses, photographs, hotel records, text messages, emails, or the testimony of the spouse who committed adultery if they are willing to admit it. Circumstantial evidence that creates a strong inference of adultery may also be sufficient if the proof is clear and convincing. Mr. Sris and his Of Counsel can help you identify what types of evidence may be available and how to gather and present it effectively in the Roanoke County Circuit Court.
How does adultery affect child custody in Virginia?
Adultery alone does not automatically determine custody; the court decides custody based on the best interests of the child under Va. Code § 20-124.3. The court will consider whether the adultery has had a negative effect on the child’s welfare or the parent’s ability to care for the child. If the adulterous relationship exposed the child to inappropriate situations or individuals, or if it shows a lack of parental judgment, that can influence the custody determination. In many cases, adultery that did not directly involve or affect the children may have limited impact on custody. Mr. Sris and his Of Counsel can explain how your particular circumstances may be viewed by the Roanoke County Juvenile and Domestic Relations District Court or the Circuit Court in a divorce proceeding.
What if my spouse denies the adultery?
If your spouse denies the adultery, you will need to present sufficient evidence to prove it to the court by clear and convincing proof. Denial is common, and contested adultery cases can become fact-intensive and time-consuming. Your attorney will work with you to develop a strategy for gathering admissible evidence, subpoenaing records if necessary, and preparing witnesses. If the evidence is contested, the court will hold a hearing and make findings of fact. Mr. Sris and his Of Counsel have experience handling contested fault-divorce cases and can prepare your case for trial at the Roanoke County Circuit Court if a settlement cannot be reached.
Should I hire a lawyer for an adultery divorce in Roanoke County?
While you are not required to hire a lawyer, an adultery divorce involves complex legal standards and significant consequences, and having experienced counsel can help you protect your rights. The clear-and-convincing evidence standard, the impact on property division and spousal support, and the potential for custody disputes make adultery divorce cases particularly challenging. An attorney can evaluate the strength of your evidence, explain how the law applies to your situation, and represent you in court. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Virginia family law resources:
Virginia Code Title 20 (Domestic Relations) ·
Roanoke County Circuit Court
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Results may vary. Case results depend on a variety of factors unique to each case.