Adultery Divorce Lawyer New Kent County — Fault Grounds & Defense
Adultery is a fault ground for divorce in Virginia under Va. Code § 20-91, requiring clear proof and carrying significant legal consequences. An experienced adultery divorce lawyer New Kent County can advise on using adultery as grounds or defending against such allegations. Law Offices Of SRIS, P.C. provides strategic counsel for these sensitive cases.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Virginia Law on Adultery as a Divorce Ground
In Virginia, adultery is a statutory fault ground for divorce. Unlike a no-fault divorce based on separation, a divorce based on adultery can be filed immediately, without a waiting period. The accusing spouse (the plaintiff) must prove the adultery occurred through clear and convincing evidence. This can include direct evidence, such as eyewitness testimony or admissions, or circumstantial evidence that leads to a strong inference of the act. Successfully proving adultery can affect the court’s decisions on spousal support, equitable distribution of marital property, and, in some cases, child custody. An infidelity divorce grounds lawyer New Kent County understands how local judges evaluate this evidence.
Virginia courts define adultery as voluntary sexual intercourse between a married person and someone other than that person’s spouse. The law requires proof of the specific act. The consequences of a proven adultery claim are significant. Under Va. Code § 20-107.1, a court may deny spousal support to a spouse found to have committed adultery. also, adultery can be a factor the court considers when dividing marital property under Va. Code § 20-107.3, potentially awarding a larger share to the innocent spouse.
Official Legal Resources
- Va. Code § 20-91 (official Virginia General Assembly) – Lists adultery as a fault ground for divorce.
- New Kent County Courts – Official website for the New Kent County General District Court and Circuit Court.
- Consult an Attorney: Immediately seek advice from an adultery divorce lawyer New Kent County to understand your rights and options, whether you are considering filing or defending against a claim.
- Gather and Preserve Evidence: Document any relevant communications, witness information, or other proof. Your attorney will advise on what is legally admissible.
- File the Complaint: Your lawyer will prepare and file a Complaint for Divorce in New Kent County Circuit Court, citing adultery as the ground if you are the plaintiff.
- handle Discovery & Hearings: The legal process may involve requests for evidence (discovery) and pre-trial hearings. Your attorney will manage these steps.
- Prepare for Trial or Settlement: Most cases settle, but your lawyer will prepare to present or defend against the adultery claim at trial if necessary to protect your interests.
Potential Outcomes in an Adultery Divorce
In New Kent County, a divorce based on adultery can directly impact spousal support awards and the division of marital assets under Virginia’s equitable distribution laws.
| Legal Aspect | Potential Impact of Proven Adultery |
|---|---|
| Spousal Support | The court may deny support to the spouse who committed adultery. |
| Equitable Distribution | Adultery can be a factor, potentially skilled to an unequal division of property in favor of the innocent spouse. |
| Divorce Timeline | No mandatory separation period; divorce can be filed immediately upon the act. |
| Custody/Visitation | Only impacted if the adulterous conduct is shown to directly harm the child’s best interests. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Case
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings a deep understanding of Virginia’s complex family law statutes. Mr. Sris, the firm’s founder, personally played a role in amending Va. Code § 20-107.3, Virginia’s equitable distribution statute, giving our firm unique insight into how these laws are applied, including when fault grounds like adultery are involved. We approach each case with a focus on your specific goals, whether that involves pursuing a fault-based divorce or defending against such allegations.
Case Experience
Our firm has extensive experience handling family law matters across Virginia. In New Kent County, we have a documented record of achieving favorable outcomes for our clients in sensitive divorce cases. We understand the high stakes involved in adultery allegations and work diligently to protect our clients’ financial and parental rights.
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.
Our Richmond location serves clients in New Kent County, including the communities of New Kent, Providence Forge, and Quinton. We are accessible via I-64 and provide 24/7 phone consultations for your convenience. Meetings are held by appointment only.
Adultery Divorce Lawyer New Kent County FAQ
What proof is needed for adultery in a Virginia divorce?
Clear and convincing evidence. This can be direct (e.g., witness testimony, admissions) or strong circumstantial evidence that leads to a firm belief adultery occurred. Suspicion alone is not enough for a New Kent County court.
Can adultery affect child custody in Virginia?
It depends. The court’s sole focus is the child’s best interests under Va. Code § 20-124.3. Adultery itself is rarely decisive unless the conduct is shown to have a direct, negative impact on the child’s welfare or the parent’s ability to care for the child.
Does committing adultery mean I will not get spousal support?
Not automatically, but it is a major risk. Under Va. Code § 20-107.1, a court may deny spousal support to a spouse found to have committed adultery. Consulting a cheating spouse divorce lawyer New Kent County is critical if this is a concern.
How long do I have to be separated for a no-fault divorce in Virginia?
Six months if you have no minor children and a signed separation agreement. One year if you have minor children, regardless of an agreement. This is different from an adultery-based divorce, which has no separation requirement.
Should I file for divorce based on adultery or separation?
It depends on your specific situation. An adultery divorce lawyer New Kent County can analyze the evidence, potential financial impacts (like spousal support), and your personal timeline to advise on the most strategic ground to use for your divorce filing.
For more information, see our Virginia Family Law overview. We also assist clients in nearby areas like Henrico County and Chesterfield County. If you are facing other legal issues, explore our services for criminal defense in New Kent County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
New Kent County is one part of a statewide practice, and our page on adultery divorce lawyer Virginia covers the process from start to finish.