Fault Based Divorce Lawyer Colonial Heights — What Are Your Grounds?
A fault based divorce in Colonial Heights requires proving specific grounds like adultery or cruelty under Va. Code § 20-91. Law Offices Of SRIS, P.C. provides full representation for fault-based cases, which can impact property division and support. Our fault based divorce lawyer Colonial Heights team has documented results in Colonial Heights Circuit Court. We offer 24/7 phone consultations at (888) 437-7747.
Virginia Fault Divorce Statute and Grounds
Virginia law provides specific fault grounds for divorce, distinct from no-fault separation. The primary statute is Va. Code § 20-91. A fault based divorce lawyer Colonial Heights must prove one of these grounds by clear and convincing evidence to the Colonial Heights Circuit Court. The grounds include adultery, cruelty and reasonable apprehension of bodily hurt, willful desertion or abandonment, and felony conviction with imprisonment for more than one year. Proving fault can influence the court’s decisions on spousal support (alimony) and the equitable distribution of marital property under Va. Code § 20-107.3.
Last verified: April 2026 | Colonial Heights Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s divorce laws, refer to the Va. Code § 20-91 (official Virginia General Assembly). Court procedures and forms for Colonial Heights are available through the Colonial Heights Circuit Court website.
Handling a Fault Divorce Case in Colonial Heights
Filing a fault-based divorce in Colonial Heights involves distinct procedural steps compared to a no-fault case. Evidence must be gathered and presented to meet the legal standard. In Colonial Heights Circuit Court, fault allegations can significantly shorten the waiting period for a final decree, as there is no mandatory separation period. An at-fault divorce lawyer Colonial Heights will focus on building a compelling case from the outset.
- Consult with a fault based divorce lawyer Colonial Heights to evaluate your evidence and grounds.
- Your attorney files a Complaint for Divorce in Colonial Heights Circuit Court, specifically alleging the fault ground.
- The complaint is served on your spouse, who has 21 days to file an Answer.
- Discovery begins, where evidence (documents, depositions) is formally gathered to support the fault allegation.
- Pre-trial motions and settlement discussions may occur; if no settlement, the case proceeds to trial.
- A judge hears evidence and testimony at trial and issues a final decree of divorce.
Potential Outcomes in a Fault-Based Divorce
In Colonial Heights, a fault-based divorce can affect spousal support awards and property division, but does not aim for a specific financial outcome.
| Fault Ground | Legal Standard | Impact on Support | Impact on Property | Key Consideration |
|---|---|---|---|---|
| Adultery | Must be proven by clear & convincing evidence. | Can be a bar to receiving spousal support for the adulterous spouse. | May be considered in equitable distribution. | Corroborating evidence is often required. |
| Cruelty | Reasonable apprehension of bodily hurt. | Can justify a higher support award for the victimized spouse. | May influence the division of assets. | Documentation (photos, police reports) is crucial. |
| Desertion | Willful abandonment for one year or more. | The deserting spouse may be ordered to pay support. | The deserted spouse may receive a more favorable share. | Must prove intent to abandon the marriage. |
| Felony Conviction | Imprisonment for 1+ year after marriage. | The convicted spouse is unlikely to receive support. | The innocent spouse may receive a larger share. | The conviction must occur during the marriage. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Fault 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. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving our firm unique insight into how fault can influence property division. We have a documented record of handling sensitive fault-based cases in Colonial Heights and across Virginia.
Case Results and Client Representation
Our firm has 4 total documented case results across all practice areas in Colonial Heights with a 100% favorable outcome rate. We apply this focused approach to fault-based divorce cases, where strategic evidence presentation is paramount. Mr. Sris, with his background as a former prosecutor and his direct role in shaping Virginia family law, provides senior oversight on all fault-based matters.
Results may vary. Prior results do not aim for a similar outcome.
Fault Based Divorce Lawyer Near Colonial Heights
Our Richmond location serves clients at the Colonial Heights courts (550 Boulevard). We are accessible via I-95, I-295, Route 1, and Route 144 (Temple Avenue). We represent clients throughout Colonial Heights and surrounding communities.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009 | Local: (804) 977-0766
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Fault Based Divorce in Colonial Heights: FAQs
What are the fault grounds for divorce in Virginia?
Yes. Virginia recognizes four fault grounds: adultery (no waiting period), cruelty, desertion for one year, and felony conviction with imprisonment for one or more years. These are defined under Va. Code § 20-91 and must be proven in court.
How does proving fault affect alimony in Virginia?
It depends. A court can deny spousal support to a spouse found guilty of adultery. For other fault grounds like cruelty or desertion, the judge may consider the misconduct as a factor when determining the amount and duration of support, often resulting in a higher award for the innocent spouse.
Is it harder to get a fault-based divorce than a no-fault divorce?
Yes. A fault divorce requires proving specific misconduct in court with clear and convincing evidence, which involves discovery, witness testimony, and potentially a trial. A no-fault divorce based on separation requires only proof of the separation period.
Can I file for a fault-based divorce immediately?
Yes, for grounds like adultery. There is no mandatory waiting period if you file based on adultery, cruelty, or desertion (if the one-year desertion period has already passed). This differs from a no-fault divorce, which requires a 6-month or 1-year separation first.
Do I need a lawyer for a fault-based divorce?
It is highly advisable. The burden of proof is on the spouse alleging fault. An experienced at-fault divorce lawyer Colonial Heights can gather necessary evidence, handle complex court procedures, and present a compelling case to protect your interests regarding support and property.
Related Legal Services in Colonial Heights
If you are dealing with family legal issues, you may also need information on: Virginia Family Law Lawyer, Family Law Lawyer Chesterfield County, or Criminal Defense Lawyer Colonial Heights.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Colonial Heights cases are handled by our Virginia fault based divorce practice, where the whole process is set out.