Adultery Divorce Lawyer Virginia — How Does Adultery Impact Your Case?
Adultery is a fault-based ground for divorce in Virginia under Va. Code § 20-91(A)(1), requiring clear and convincing evidence. An experienced adultery divorce lawyer Virginia from Law Offices Of SRIS, P.C. can handle the sensitive proof requirements and significant implications for spousal support and equitable distribution. Our firm has extensive experience handling complex fault-based divorce filings across the Commonwealth.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Virginia Law on Adultery and Divorce
In Virginia, adultery is defined as voluntary sexual intercourse between a married person and someone other than their spouse. It is one of several fault grounds for divorce, meaning you can file immediately without a mandatory separation period. Proving adultery requires clear and convincing evidence, which can include direct testimony, circumstantial evidence, or admissions. A skilled divorce attorney understands that successfully alleging adultery can affect the court’s decisions on spousal support (alimony) and the division of marital property under equitable distribution principles.
Official Legal Resources
For the full text of Virginia’s divorce statutes, refer to the Virginia Code Title 20, Chapter 6 (official Virginia General Assembly). For local court forms and procedures, visit the Virginia Judicial System domestic relations forms page.
- Consult with an experienced Virginia family law attorney to evaluate the evidence and strategic value of an adultery claim.
- Your lawyer will file a Complaint for Divorce in the appropriate Circuit Court, citing adultery as the ground.
- The complaint and summons must be formally served on your spouse by a sheriff or process server.
- Your attorney will guide the discovery process to gather necessary evidence, which may be delicate.
- If the case does not settle, your lawyer will prepare for a contested hearing to present proof of adultery.
- The court will enter a final decree of divorce if the ground is proven, addressing all ancillary matters.
Potential Consequences in an Adultery Divorce
In Virginia, a proven adultery claim can legally bar the adulterous spouse from receiving spousal support and may influence the equitable division of assets.
| Issue | Potential Impact of Proven Adultery |
|---|---|
| Spousal Support | The adulterous spouse may be barred from receiving support (Va. Code § 20-107.1). |
| Equitable Distribution | The court may consider marital misconduct as a factor in dividing property. |
| Custody & Visitation | Adultery alone is rarely decisive but may be considered if it impacts the child’s welfare. |
| Divorce Timeline | No mandatory separation period; divorce can proceed immediately upon filing. |
| Legal Fees | Contested fault divorces often involve higher litigation costs due to evidence requirements. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Virginia Adultery Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our deep understanding of Virginia’s equitable distribution system is underscored by Mr. Sris’s personal involvement in amending the very statute that governs it, Va. Code § 20-107.3. We approach sensitive adultery cases with discretion and strategic focus, aiming to protect your financial and parental rights during this challenging process.
Case Experience in Virginia Family Law
Our firm-wide record across Virginia, Maryland, New Jersey, New York, and DC includes 4,739+ documented results with a 93%+ favorable outcome rate in family and other practice areas. While specific results in adultery cases are confidential, our extensive litigation experience in Virginia Circuit Courts ensures knowledgeable and assertive representation for your divorce filing.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients across Virginia. We offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions: Adultery Divorce in Virginia
Does adultery affect property division in Virginia?
It can. Virginia is an equitable distribution state. Under Va. Code § 20-107.3, the court may consider the circumstances and factors contributing to the dissolution, including marital misconduct, when dividing marital property.
Can I get a divorce right away if I prove adultery?
Yes. Adultery is a fault ground with no mandatory waiting period. You can file for divorce immediately, unlike a no-fault divorce which requires a 6-month or 1-year separation.
What evidence is needed to prove adultery in court?
Clear and convincing evidence. This standard is higher than a mere preponderance. Evidence can include photographs, communications, witness testimony, admissions, or circumstantial evidence that leads to a strong inference of the act.
Will adultery impact child custody decisions?
It depends. The primary standard is the child’s best interest. Adultery alone is typically not determinative unless it is shown to have a direct negative impact on the child’s welfare or the parent’s ability to care for the child.
Can I get spousal support if my spouse committed adultery?
Yes, generally. Virginia law (Va. Code § 20-107.1) states that a spouse who commits adultery is not entitled to spousal support unless the court finds it would be a manifest injustice to deny it.
Do I need a lawyer for an adultery-based divorce?
Strongly advised. The evidentiary requirements are strict, and the stakes for support and property are high. A knowledgeable divorce representation attorney can protect your rights and handle the complex legal process.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
An adultery divorce case is one part of divorce & separation lawyer, and our page on divorce lawyer Virginia covers the wider process.