Fault Based Divorce Lawyer in Danville, Virginia
A fault based divorce in Danville, VA, requires proving grounds like adultery, cruelty, or desertion under Va. Code § 20-91, which can affect support and property division. Law Offices Of SRIS, P.C. provides focused divorce representation for fault-based filings in Danville (City) Circuit Court. Our firm has 120+ years of combined experience handling complex marriage dissolution cases.
Virginia Fault-Based Divorce Law
Virginia law provides specific fault grounds for ending a marriage, distinct from a no-fault separation. A fault based divorce lawyer Danville VA can file on grounds including adultery, cruelty, willful desertion for one year, or a felony conviction with imprisonment for over one year. Proving fault can influence a judge’s decisions on spousal support, equitable distribution of assets, and even child custody under certain circumstances. The process requires presenting clear and convincing evidence to the court.
Last verified: April 2026 | Danville (City) Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s divorce statutes, refer to the Virginia Code Title 20, Chapter 6 (official Virginia General Assembly). For local court forms and procedures, visit the Danville (City) Circuit Court website.
Handling a Fault Divorce Case in Danville
In Danville (City) Circuit Court, fault divorce cases require meticulous evidence gathering and strategic filing. A successful fault claim can impact financial outcomes, making experienced divorce representation critical. The local filing fee for a divorce complaint is approximately $86, plus service costs.
- Consult with a fault based divorce lawyer Danville VA to evaluate your grounds and evidence.
- Your attorney will draft and file a Complaint for Divorce specifying the fault grounds with the Danville Circuit Court clerk.
- The complaint and a summons are formally served on your spouse by a sheriff or process server.
- Your lawyer will manage discovery to gather evidence supporting the fault allegation.
- The case may proceed to a hearing where evidence is presented, or it may be resolved through negotiation.
- The court enters a final decree of divorce if fault is proven or an agreement is reached.
Potential Outcomes in a Fault-Based Divorce
In Danville, a fault-based divorce can affect spousal support awards and property division under Virginia’s equitable distribution laws.
| Fault Ground | Legal Standard | Potential Impact on Support | Impact on Property Division | Timeline Consideration |
|---|---|---|---|---|
| Adultery | Must be proven by clear and convincing evidence. | Can bar a cheating spouse from receiving spousal support. | May influence equitable distribution. | No mandatory separation period. |
| Cruelty | Reasonable apprehension of bodily hurt or danger to life. | Can be a factor in awarding support to the injured spouse. | May be considered by the court. | No mandatory separation period. |
| Willful Desertion | Abandonment for one year without cause or consent. | A factor in support calculations. | May be considered by the court. | One-year desertion period required. |
| Felony Conviction | Imprisonment for one year or more, with cohabitation not resumed. | A factor in support calculations. | May be considered by the court. | No additional separation period required post-conviction. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Danville Divorce
Founded in 1997, Law Offices Of SRIS, P.C. brings a deep understanding of Virginia divorce law. Our founder, Mr. Sris, personally played a role in amending Va. Code § 20-107.3, the state’s equitable distribution statute. This insider legislative experience informs our approach to complex property division in fault-based cases. Our team has over 120 years of combined legal experience handling all aspects of marriage dissolution.
Case Results and Client Focus
Our firm-wide record across VA, MD, NJ, NY, and DC includes 4,739+ documented results with a 93%+ favorable outcome rate. While results vary by case, our focus is on providing assertive divorce representation in Danville. Mr. Sris, our managing attorney with a background as a former prosecutor, offers strategic oversight on complex fault cases.
Results may vary. Prior results do not aim for a similar outcome.
Local Danville Divorce Lawyer
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Ste 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our firm serves Danville and surrounding communities. We offer 24/7 phone consultations at (888) 437-7747. Meetings are held by appointment only at our Richmond location, which supports clients in the Danville region.
Fault Based Divorce FAQs
What are the fault grounds for divorce in Virginia?
Yes. Virginia law recognizes adultery, cruelty, willful desertion for one year, and felony conviction with imprisonment as fault grounds under Va. Code § 20-91. Proving these grounds requires evidence and can affect financial outcomes in the divorce.
Do I need a lawyer for a fault-based divorce filing?
It is strongly advised. A fault based divorce lawyer Danville VA understands the evidence required to prove grounds like adultery or cruelty. The divorce filing process involves specific legal procedures, and mistakes can delay your case or weaken your position regarding support and property.
How does fault affect spousal support?
It depends. Fault, particularly adultery, can bar a spouse from receiving support or be a factor in awarding it. The court considers the circumstances and conduct of both parties under Va. Code § 20-107.1 when determining spousal support awards.
Can I get a fault-based divorce quickly?
Potentially. Unlike a no-fault divorce requiring a separation period, a fault divorce on grounds like adultery has no waiting period once filed. However, the need to gather evidence and potentially litigate the fault claim can make the timeline similar to or longer than an uncontested no-fault case.
What evidence is needed for adultery?
Courts require clear and convincing evidence, which is more than a suspicion. This can include photographs, communications, witness testimony, or admissions. Corroborating evidence is typically required, as a divorce will not be granted on one spouse’s testimony alone.
Is a marriage dissolution lawyer different from a divorce attorney?
No. The terms are often used interchangeably. Both refer to an attorney who handles the legal process of ending a marriage, whether it’s called divorce or dissolution. Your lawyer will guide you through the specific Virginia process.
Related Legal Services in Danville
If you are facing other legal issues in Danville, our firm can help. We also provide representation for reckless driving charges in Danville and petit larceny defense in Danville. For all Virginia family law matters, visit our Virginia family law hub page. For divorce help in nearby areas, see our pages for Henrico County divorce lawyers and Chesterfield County divorce lawyers.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance on your fault-based divorce case in Danville, Virginia.
For the background behind a Danville case, our page explains how Virginia handles fault based divorce.