Fault Based Divorce Lawyer Virginia, VA
You discovered your spouse’s infidelity, and the betrayal is overwhelming. Now you are determined to end the marriage on fault grounds, not simply wait out a one-year separation. You want a lawyer who understands how adultery, cruelty, or desertion can change property division, spousal support, and the timeline of your divorce. At Law Offices Of SRIS, P.C., Mr. Sris, Owner and Founder, represents clients pursuing fault-based divorces across Virginia. Reach our firm at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Why Choose a Fault-Based Divorce?
A fault-based divorce in Virginia can eliminate the mandatory separation period required for a no-fault divorce. Va. Code § 20‑91 lists several fault grounds, including adultery, cruelty, willful desertion for one year, and felony conviction with imprisonment for more than one year. When you file on fault grounds, you can move directly toward a final decree without waiting six months or a year separated, and the court may consider your spouse’s misconduct when dividing marital property under Va. Code § 20‑107.3. Mr. Sris and his Of Counsel evaluate the evidence you have—whether it is messages, photographs, financial records, or witness accounts—and build a strategy to present the fault ground clearly and persuasively.
Choosing a fault ground also can influence spousal support. Under Virginia law, adultery is an absolute bar to spousal support for the offending spouse unless the court finds a manifest injustice. Mr. Sris and his team explain how each fault ground interacts with the statutory factors for equitable distribution and support, so you understand what to expect before you file.
What to Expect When You File for a Fault-Based Divorce in Virginia
Fault-based divorces are filed in the Circuit Court for the county or city where either spouse resides. The process begins with a Complaint for Divorce. After service of process, the responding spouse has a period of time to answer. If the fault ground is contested, the matter proceeds through discovery—interrogatories, requests for documents, and depositions—just as any civil litigation would. An uncontested fault divorce is possible if the other spouse does not dispute the allegations. A hearing before a judge may be required, and Virginia law mandates at least one corroborating witness who can testify to the fault or to the separation, depending on the ground you assert. The timeline for reaching a final decree depends on the court’s calendar and the complexity of the marital estate, but Mr. Sris and his Of Counsel work to move your case forward as efficiently as the rules allow.
Throughout the pendency of the case, the court can enter temporary orders for custody, child support, spousal support, and use of the marital residence. These pendente lite orders help stabilize the family’s situation while the fault allegations are litigated.
How Fault Can Affect Property and Support
Virginia is an equitable distribution state, not a community property state. The court classifies assets as marital, separate, or hybrid and then distributes them equitably after considering eleven statutory factors. One of those factors is the circumstances and factors that contributed to the dissolution of the marriage. Fault can shift the equities, especially when marital funds were wasted on an extramarital affair or when cruelty created an intolerable environment. A judge may award a larger share of the marital estate to the innocent spouse.
Spousal support is also affected. A spouse found guilty of adultery is generally barred from receiving support. Other fault grounds may influence the amount and duration of support. Mr. Sris and his Of Counsel have extensive experience presenting fault evidence in Circuit Courts throughout Virginia, including in complex equitable distribution cases involving business ownership, retirement accounts, and investment portfolios.
Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635, which revised the equitable distribution statute Va. Code § 20‑107.3(g).
Source: Virginia General Assembly legislative history. View the bill summary on LIS
Reviewed by Mr. Sris, admitted in VA, MD, DC, NJ, NY.
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. A former prosecutor, he brings firsthand insight into how evidence is challenged and cases are presented in court. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Alongside his Of Counsel team, Mr. Sris draws on over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which amended the equitable distribution statute. His Of Counsel attorneys further strengthen the firm’s ability to handle divorce litigation across Virginia’s Circuit Courts.
Mr. Sris and his Of Counsel have documented thousands of case results across multiple practice areas. Results may vary.
Frequently Asked Questions
What fault grounds for divorce does Virginia recognize?
Virginia law recognizes adultery, cruelty, willful desertion for one year, and felony conviction with imprisonment for more than one year as fault grounds for divorce under Va. Code § 20‑91. Adultery requires clear and convincing evidence, while cruelty includes acts that make continued cohabitation unsafe or intolerable. Desertion must be willful and continuous for a full year. A felony conviction ground requires actual confinement. Mr. Sris and his Of Counsel help you determine whether your evidence supports one of these grounds and prepare the case accordingly.
Do I need a lawyer to file for a fault-based divorce in Virginia?
You are not legally required to hire a lawyer to file for divorce, but fault grounds involve complex evidentiary and procedural requirements that are difficult to navigate without an experienced attorney. Proving adultery or cruelty requires admissible evidence and witness testimony. Procedural missteps can delay your case or weaken your position. Mr. Sris and his Of Counsel handle the entire process, including discovery, witness preparation, and presentation of fault evidence in the Circuit Court.
How does a fault-based divorce affect property division?
Fault can influence equitable distribution by tilting the court’s consideration of the factors under Va. Code § 20‑107.3, potentially awarding the innocent spouse a larger share of the marital estate. The court considers the circumstances and factors that contributed to the dissolution of the marriage, including marital misconduct. For example, dissipation of assets on an affair may be recouped. Mr. Sris and his Of Counsel have extensive experience presenting fault evidence in property division proceedings.
Can a fault-based divorce speed up the process compared to no-fault?
Yes, a fault-based divorce can eliminate the mandatory waiting period required for a no-fault divorce, allowing you to seek a final decree without first living separate and apart for six months or a year. If you prove the fault ground, the court may grant the divorce without the separation period. However, contested fault cases still require litigation time. The overall timeline depends on the court’s calendar and the complexity of your marital estate.
What is the role of corroborating evidence in a fault divorce?
Virginia law requires that the testimony of one corroborating witness support the ground for divorce. For adultery, corroboration must be more than mere suspicion. Mr. Sris and his Of Counsel work with you to identify admissible evidence—witness accounts, financial records, communications—that meet the corroboration requirement and strengthen your case.
How does a fault-based divorce impact spousal support?
Adultery is an absolute bar to spousal support for the offending spouse unless the court finds that a denial would constitute a manifest injustice. Other fault grounds may also reduce or eliminate support. Conversely, an innocent spouse who relies on post-separation support pendente lite can request temporary support while the case is pending. Mr. Sris and his Of Counsel analyze how your specific situation aligns with the Virginia spousal support factors.
What if my spouse contests the fault allegations?
If the other spouse contests the fault ground, your case proceeds as a contested divorce with discovery, depositions, and a trial. You must prove the fault by a preponderance of the evidence (or by clear and convincing evidence for adultery). Mr. Sris and his Of Counsel prepare each case thoroughly, anticipating defenses and building the evidentiary record needed to meet the burden of proof.
Can I file for divorce on fault grounds if I live in one Virginia county and my spouse lives in another?
Yes, you may file in the Circuit Court of the county or city where either spouse resides, or where the parties last cohabited. Venue rules allow flexibility. Mr. Sris and his Of Counsel appear in Circuit Courts throughout Virginia, including Fairfax County, Arlington, Loudoun, Prince William, and many other jurisdictions, so you can choose a convenient forum.
How do I start the process of a fault-based divorce?
The first step is to consult an experienced family law attorney who can evaluate your evidence and explain whether a fault ground is viable. Mr. Sris and his Of Counsel review the facts, discuss your goals for property division and support, and then prepare and file a Complaint for Divorce in the appropriate Circuit Court. Reach our firm at (888) 437-7747 to schedule a consultation and discuss your situation.
Request a Consultation
If you are considering a fault-based divorce in Virginia, contact Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. Call (888) 437-7747 or complete our online form to request a consultation. Our Fairfax location is at 4008 Williamsburg Court, Fairfax, VA 22032. By appointment only.
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Case results depend on a variety of factors unique to each case.