Adultery Divorce Lawyer Colonial Heights — Fault-Based Grounds & Your Rights
Adultery is a fault-based ground for divorce in Virginia under Va. Code § 20-91, requiring no waiting period. An experienced adultery divorce lawyer in Colonial Heights is essential to handle the evidentiary requirements and protect your rights in property division and support. Law Offices Of SRIS, P.C. provides focused representation for infidelity divorce cases in Colonial Heights Circuit Court.
Last verified: April 2026 | Colonial Heights General District Court | Virginia General Assembly
In Virginia, adultery is a statutory fault ground for divorce, defined as voluntary sexual intercourse between a married person and someone other than their spouse. Proving adultery in Colonial Heights Circuit Court requires clear and convincing evidence, which can include communications, witness testimony, or circumstantial evidence. A successful adultery claim can impact spousal support awards and the equitable distribution of marital assets under Va. Code § 20-107.3.
Virginia Adultery Divorce Statutes & Resources
The legal framework for adultery divorce in Colonial Heights is established by state law. The primary statute is Va. Code § 20-91, which lists adultery as a grounds for divorce from the bond of matrimony. For related procedures and court information, refer to the Colonial Heights General District Court website.
- Consult with an adultery divorce lawyer in Colonial Heights to evaluate your evidence and case strategy.
- Your attorney will file a Complaint for Divorce citing adultery as the grounds in Colonial Heights Circuit Court.
- The discovery process begins, where your lawyer gathers and exchanges evidence to support the adultery claim.
- If the evidence is contested, your attorney may argue pre-trial motions or proceed to a hearing before the judge.
- The court will issue a final decree of divorce if adultery is proven by clear and convincing evidence.
Potential Outcomes in an Adultery Divorce Case
In Colonial Heights, a proven adultery claim can affect spousal support and property division, but does not automatically aim for a specific outcome.
| Issue | Potential Impact of Proven Adultery | Governing Law |
|---|---|---|
| Spousal Support | Court may bar the adulterous spouse from receiving support. | Va. Code § 20-107.1 |
| Equitable Distribution | Adultery is not a direct factor, but marital misconduct related to waste of assets can be considered. | Va. Code § 20-107.3 |
| Child Custody | Impact only if the adultery directly harms the child’s best interests. | Va. Code § 20-124.3 |
| Divorce Timeline | No mandatory separation period required, unlike no-fault divorce. | Va. Code § 20-91 |
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience in Colonial Heights Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to family law matters in Colonial Heights. Mr. Sris, the firm’s founder and a former prosecutor, personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3. This deep legislative insight informs our approach to complex divorce cases, including those involving adultery grounds.
Case Results & Client Advocacy
Our firm has documented case results in Colonial Heights across all practice areas. In family law, we focus on achieving resolutions that protect our clients’ financial and parental rights. Mr. Sris, with his background amending Virginia’s family law code, provides valuable strategic oversight on complex marital estate cases.
Results may vary. Prior results do not aim for a similar outcome.
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: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients at the Colonial Heights courts on Boulevard. We represent individuals in Colonial Heights and surrounding communities. If you need an adultery divorce lawyer in Colonial Heights or are dealing with a cheating spouse, contact us for a consultation.
Adultery Divorce in Colonial Heights: Frequently Asked Questions
How do you prove adultery in a Virginia divorce?
It depends. Proof requires clear and convincing evidence, which can be direct (e.g., witness testimony, admissions) or strong circumstantial evidence (e.g., emails, texts, hotel receipts). Colonial Heights Circuit Court does not grant divorces based solely on suspicion or uncorroborated accusations.
Does adultery affect child custody in Virginia?
Not directly. Custody is decided based solely on the child’s best interests under Va. Code § 20-124.3. Adultery only becomes a factor if the extramarital conduct has 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, but it is more complex. Under Va. Code § 20-107.1, a spouse found guilty of adultery may be barred from receiving spousal support. However, the court has discretion. The faithful spouse is generally eligible to seek support, and the adultery is a significant factor the judge must consider in the award.
Is there a waiting period for an adultery divorce in Virginia?
No. Unlike a no-fault divorce which requires a 6-month or 1-year separation, a divorce based on adultery has no mandatory waiting period under Va. Code § 20-91. The case can proceed as soon as the complaint is filed and served, though court schedules will dictate the actual timeline.
What is the difference between a no-fault and adultery divorce?
The key difference is the grounds and potential consequences. A no-fault divorce requires a separation period but avoids assigning blame. An adultery divorce assigns fault, which can affect spousal support and, in some cases, property division if marital funds were wasted on the affair. The choice depends on your facts and goals.
For more information, see our Virginia Family Law hub page. We also assist clients in nearby areas like Chesterfield County and with related matters such as criminal defense in Colonial Heights.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Colonial Heights cases are handled by our Virginia adultery divorce practice, where the whole process is set out.