Fault Based Divorce Lawyer Chesapeake — What Are Your Grounds?
A fault based divorce in Chesapeake, Virginia, requires proving specific grounds like adultery or cruelty under Va. Code § 20-91. This path can impact spousal support and property division. Law Offices Of SRIS, P.C. provides focused representation for fault grounds for divorce in Chesapeake. Our firm has 6 documented case results in Chesapeake.
Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly
Virginia Fault Divorce Statute & Definition
Virginia law provides specific fault grounds for ending a marriage, distinct from a no-fault separation. A fault based divorce lawyer Chesapeake must prove one of the statutory grounds listed in Va. Code § 20-91. These include adultery, cruelty, willful desertion for one year, or a felony conviction with imprisonment for more than one year. Proving fault can influence the court’s decisions on alimony and the equitable distribution of assets under Va. Code § 20-107.3, a statute personally amended by Mr. Sris. The process is handled in Chesapeake Circuit Court.
Local Court Process for Fault Divorces in Chesapeake
Filing a fault-based divorce in Chesapeake involves specific procedural steps at the Circuit Court. You must file a Complaint for Divorce that clearly alleges and details the fault ground. Evidence must be gathered and presented to meet the legal standard of proof.
- Consult with a fault based divorce lawyer Chesapeake to evaluate your grounds and evidence.
- File a Complaint for Divorce with the Chesapeake Circuit Court Clerk, paying the $86 filing fee.
- Serve the divorce papers on your spouse formally through a sheriff or process server.
- Proceed with discovery to gather evidence supporting the fault allegation.
- Attend any necessary hearings, which may include pendente lite motions for temporary support.
- Present your case at a final hearing or trial before a judge.
Potential Outcomes & Considerations
In Chesapeake, a successfully proven fault divorce can affect spousal support awards and the division of marital property, as the court may consider marital misconduct in its decisions.
| Fault Ground | Legal Standard | Potential Impact |
|---|---|---|
| Adultery | Voluntary sexual intercourse outside marriage | May bar spousal support for adulterous spouse; affects property division |
| Cruelty | Reasonable apprehension of bodily hurt or danger to life | Grounds for divorce; can influence custody and support |
| Willful Desertion | Abandonment for one year without cause or consent | Standalone ground for divorce |
| Felony Conviction | Imprisonment for >1 year after marriage, no cohabitation after release | Grounds for divorce |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Chesapeake 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. Our deep understanding of Virginia’s fault divorce statutes, including the equitable distribution law Mr. Sris helped amend, provides a distinct advantage. We have a documented record of handling sensitive fault-based cases in Chesapeake courts.
Our team, including experienced attorney Mr. Sris, approaches each fault divorce with a detailed strategy focused on evidence and procedure. We understand the heightened emotions and stakes involved in proving grounds like adultery or cruelty.
Case Results & Client Focus in Chesapeake
Law Offices Of SRIS, P.C. has 6 total documented case results across all practice areas in Chesapeake, with a 100% favorable outcome rate. We represent clients throughout Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
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: (888) 437-7747
By appointment only.
Our Richmond location serves clients with matters at Chesapeake courts. We offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only. If you need a dedicated at-fault divorce lawyer Chesapeake trusts, contact us to discuss your case.
Fault Based Divorce in Chesapeake: FAQs
What are the fault grounds for divorce in Virginia?
Yes. Virginia fault grounds are adultery, cruelty, willful desertion for one year, and felony conviction with imprisonment for over one year. These are defined in Va. Code § 20-91 and must be proven in court.
How does proving fault affect a divorce in Chesapeake?
It depends. A proven fault ground can influence a judge’s decisions on spousal support and the equitable division of property under Va. Code § 20-107.3. For example, adultery may bar the offending spouse from receiving support.
How long does a fault-based divorce take in Chesapeake?
A contested fault divorce typically takes 9-18 months in Chesapeake Circuit Court. The timeline depends on the complexity of proving the ground, discovery, and court scheduling.
What evidence is needed for a cruelty divorce?
Evidence must show a reasonable fear of bodily hurt. This can include police reports, medical records, photographs of injuries, threatening communications, or witness testimony about specific incidents of violence or threats.
Can I get a fault divorce if we have already separated?
Yes. You can file for a fault-based divorce even during a separation period. The fault ground provides an alternative path to ending the marriage without waiting for the full no-fault separation period to expire.
For more information on Virginia family law, see the Virginia Courts website. Our firm also handles related matters; learn about Chesapeake criminal defense or family law in Henrico County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Chesapeake is one part of a statewide practice, and our page on fault based divorce lawyer Virginia covers the process from start to finish.