Fault Based Divorce Lawyer in Alexandria, Virginia
If you are considering a fault-based divorce in Alexandria, Virginia, you need a lawyer who understands the specific legal grounds and evidentiary requirements. Virginia law permits divorce on fault grounds such as adultery, cruelty, and desertion under Va. Code § 20-91. A Fault Based Divorce Lawyer Alexandria from Law Offices Of SRIS, P.C.
Virginia Law on Fault Grounds for Divorce
Virginia is a dual-grounds divorce state, meaning you can file for divorce on either no-fault or fault grounds. Fault grounds are specifically defined in statute and require you to prove your spouse’s misconduct was the cause of the marriage’s breakdown. Choosing to file on fault grounds can impact decisions on spousal support, equitable distribution of property, and even the timeline of your case.
Last verified: April 2026 | Alexandria Circuit Court | Virginia General Assembly
The primary statute governing divorce in Virginia is Va. Code § 20-91 (official Virginia General Assembly), which lists the specific fault grounds. All divorce cases in Alexandria are filed at the Alexandria Circuit Court.
Proving Fault in an Alexandria Divorce
Successfully obtaining a fault-based divorce in Alexandria requires clear and convincing evidence of one of the statutory grounds. The court needs more than just your word; it requires corroboration. This could include witness testimony, documentary evidence like emails or photographs, or admissions from the other party. An at-fault divorce lawyer Alexandria knows how to methodically build this evidence to meet the court’s standard.
- Consult with a fault-based divorce attorney to review your situation and determine if you have valid grounds.
- Gather and document all evidence related to the alleged misconduct (e.g., communications, witness contacts, financial records).
- File a Complaint for Divorce with the Alexandria Circuit Court clerk, specifically citing the fault ground under Va. Code § 20-91.
- Serve the divorce papers on your spouse according to Virginia procedural rules.
- Proceed through discovery and pre-trial hearings, where your attorney will present evidence and argue the fault grounds.
- Attend a final hearing or trial where a judge will evaluate the evidence and grant the divorce decree if fault is proven.
Potential Impact of a Fault Finding
In Alexandria, proving fault in a divorce can influence the judge’s decisions on alimony and the division of marital assets, though Virginia remains an equitable distribution state.
While Virginia divides marital property equitably (fairly, not necessarily 50/50), a finding of fault can be one factor the court considers. It may be more significant in decisions about spousal support (alimony). For instance, a spouse found guilty of adultery may be barred from receiving spousal support. Understanding these strategic implications is a key reason to consult a Fault Based Divorce Lawyer Alexandria.
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Alexandria Fault Divorce Attorneys
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to family law matters. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep insight into Virginia divorce law. We have a documented record of case results for clients across our service areas.
Our team, including experienced attorney Mr. Sris, understands the sensitive and contentious nature of fault-based divorces. We approach each case with a focus on protecting your interests, whether through strategic negotiation or assertive litigation in Alexandria Circuit Court.
Law Offices Of SRIS, P.C.
Arlington Location — 1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only.
Our Arlington location serves clients at the Alexandria courts. We represent individuals in Alexandria, Old Town, Del Ray, and Kingstowne. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Fault Based Divorce in Alexandria: Frequently Asked Questions
What are the fault grounds for divorce in Virginia?
Yes. Virginia law lists several fault grounds in Va. Code § 20-91, including adultery, cruelty, willful desertion/abandonment for one year, and felony conviction with imprisonment for over one year. An at-fault divorce lawyer Alexandria can explain which ground applies to your case.
How does proving fault affect property division?
It depends. Virginia is an equitable distribution state, so the court divides marital property fairly based on many factors. A fault finding, like adultery or cruelty, can be one factor the judge considers, potentially influencing the final division, but it does not aim for a specific outcome.
Can fault affect spousal support (alimony)?
Yes. Fault can significantly impact alimony. For example, a spouse found guilty of adultery may be barred from receiving spousal support under Va. Code § 20-107.1. The court considers marital misconduct when making support decisions.
Is a fault-based divorce faster than a no-fault divorce?
Not necessarily. A no-fault divorce requires a separation period (6 months or 1 year). A fault divorce has no waiting period but can take longer due to the need to gather evidence, conduct discovery, and potentially go to trial to prove the misconduct.
Do I need a lawyer for a fault-based divorce?
Yes. Proving fault grounds requires meeting specific legal standards and presenting evidence effectively in court. A Fault Based Divorce Lawyer Alexandria is essential to handle the process, protect your rights, and build a strong case based on the statutory fault grounds for divorce lawyer Alexandria clients must establish.
For more information on related legal services, see our pages on Virginia Family Law, Divorce Lawyer in Arlington, and Criminal Defense Lawyer in Alexandria.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.