Fault Based Divorce Lawyer in Fairfax, Virginia — What Are Your Options?
A fault based divorce in Fairfax, Virginia, requires proving specific grounds like adultery or cruelty under Va. Code § 20-91. This type of divorce filing can impact property division and support. Law Offices Of SRIS, P.C. provides experienced divorce representation for contested cases. Our firm has 120+ years of combined legal experience. Call (888) 437-7747 for a consultation.
Virginia Fault Divorce Law and Grounds
Virginia law allows for marriage dissolution on both no-fault and fault grounds. A fault based divorce requires you to prove one of the statutory grounds to the court. The primary statute governing fault grounds is Va. Code § 20-91. Successfully proving fault can influence the court’s decisions on spousal support, equitable distribution of assets, and in some cases, child custody. It is a more adversarial process than an uncontested, no-fault divorce.
Last verified: April 2026 | Fairfax City General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, refer to the official Virginia Code § 20-91. Local procedures are managed by the Fairfax City General District Court.
Handling a Fault Divorce Case in Fairfax City
In Fairfax City, pursuing a fault based divorce involves specific procedural steps. The Fairfax City Circuit Court handles all divorce matters. Virginia requires at least one corroborating witness for certain fault grounds. A key local procedural fact is that fault grounds like adultery have no mandatory waiting period, unlike a no-fault divorce which requires a separation period.
- Consult with a divorce attorney to evaluate the strength of your fault grounds and evidence.
- Your attorney will file a Complaint for Divorce with the Fairfax City Circuit Court, specifying the fault grounds.
- The complaint must be formally served on your spouse, initiating the legal process.
- Both parties engage in discovery to gather evidence supporting or defending against the fault allegations.
- The case may proceed to a hearing or trial where you must present proof of the fault grounds to the judge.
- The judge will issue a final decree of divorce if the fault grounds are proven.
Potential Implications of a Fault Finding
In Fairfax, a successful fault based divorce can affect spousal support awards and the division of marital property under the court’s discretion.
| Fault Ground | Legal Standard | Key Consideration |
|---|---|---|
| Adultery | Voluntary sexual intercourse outside marriage | No mandatory waiting period; requires corroborating evidence. |
| Cruelty | Reasonable apprehension of bodily hurt or danger to life | Can be physical or mental; must make cohabitation unsafe. |
| Desertion | Willful abandonment for one year or more | Must be continuous and without consent or justification. |
| Felony Conviction | Imprisonment for one year or more after marriage | Sentence must be for a felony; confinement is key. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Divorce Case
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined attorney experience to complex family law matters. Mr. Sris, the firm’s founder, personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep insight into property division issues that often arise in fault-based divorces. We understand the high stakes and personal nature of these cases.
Our Approach to Divorce Representation
Our firm has a documented record of handling family law cases. While specific Fairfax City case counts are not isolated, firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. In fault divorce cases, our strategy involves meticulous evidence gathering, strategic use of discovery, and focused advocacy to present a compelling case to the court. Secondary attorney Mr. Sris, a former prosecutor with a background in accounting, is often consulted on cases involving complex financial allegations.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C. – Fairfax
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients at the Fairfax City courts. We are your local fault based divorce lawyer near Fairfax City Hall and George Mason University. We serve the Fairfax community. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Fault Based Divorce FAQs in Fairfax, VA
What are the fault grounds for divorce in Virginia?
Yes. Virginia law recognizes four primary fault grounds: adultery (no waiting period), cruelty, desertion for one year, and felony conviction with imprisonment for one year or more after marriage. These are defined under Va. Code § 20-91 and must be proven in court.
How does proving fault affect property division?
It depends. While Virginia is an equitable distribution state (Va. Code § 20-107.3), a court may consider marital misconduct, such as adultery or cruelty, when dividing property if it had a negative economic impact on the marital estate. It is not an automatic penalty but can be a factor.
Is a fault based divorce faster than a no-fault divorce?
No. A no-fault divorce based on separation can sometimes be faster if agreements are in place. A fault divorce requires filing a complaint, serving your spouse, going through discovery, and potentially a trial to prove the grounds, which often takes longer than an uncontested no-fault process.
Do I need a lawyer for a fault based divorce?
Yes. Fault based divorce is a contested legal proceeding with strict rules of evidence and procedure. An experienced divorce attorney is essential to gather the necessary evidence, file correct pleadings with the Fairfax City Circuit Court, and advocate for you effectively at hearings.
Can fault affect child custody decisions?
It depends. The primary standard is the child’s best interests under Va. Code § 20-124.3. Fault like adultery may not directly impact custody unless it demonstrates a pattern of behavior that harms the child’s welfare. Cruelty or abuse directed at a spouse or child is a significant factor.
For more information on related legal services, see our pages on Virginia family law, or consider divorce representation in Fairfax County. If you are facing other legal issues, we also assist with criminal defense in Fairfax.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Fairfax is one part of a statewide practice, and our page on fault based divorce lawyer Virginia covers the process from start to finish.