Fault Based Divorce Lawyer in Hampton, Virginia
A fault based divorce in Hampton, VA, requires proving grounds like adultery or cruelty under Va. Code § 20-91. This type of divorce filing can affect support and property division. Law Offices Of SRIS, P.C. provides focused divorce representation for fault-based cases in Hampton Juvenile and Domestic Relations and Circuit Courts. Our firm has 120+ years of combined experience handling complex family law matters.
Last verified: April 2026 | Hampton (City) Juvenile and Domestic Relations District Court / Hampton (City) Circuit Court | Virginia General Assembly
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 Hampton VA can help you understand if your situation meets the legal standards. The primary statute governing divorce grounds is Va. Code § 20-91. To file for a fault-based divorce, you must prove one of the recognized grounds: adultery, cruelty, willful desertion, or felony conviction with imprisonment. Successfully proving fault can influence the court’s decisions on spousal support (alimony) and the equitable distribution of marital assets under Va. Code § 20-107.3. Mr. Sris, founder of our firm, personally played a role in amending this equitable distribution statute, bringing deep insight to property division in contested cases.
Local Process for a Fault-Based Divorce in Hampton
The process for a fault-based divorce in Hampton starts with filing a Complaint for Divorce in the Hampton Circuit Court, located at 236 North King Street. Unlike a no-fault divorce, you must present evidence to support the fault ground you are alleging. This often involves gathering documentation, witness statements, or other proof. The Hampton (City) Juvenile and Domestic Relations District Court handles related matters like temporary child support or custody while the divorce is pending.
- Consult with a fault based divorce lawyer Hampton VA to evaluate your grounds and evidence.
- Your attorney files a Complaint for Divorce with the Hampton Circuit Court clerk, paying the approximately $86 filing fee.
- The complaint is served on your spouse, who has 21 days to file an Answer (or 60 days if served out-of-state).
- The discovery phase begins, where both sides gather evidence through interrogatories, requests for documents, and depositions to support or defend against the fault allegations.
- If the case does not settle, the court will hold a trial where you must present evidence to prove the fault ground.
- The judge issues a final decree of divorce, which will state the grounds and rule on related issues like support, custody, and property division.
Potential Outcomes and Considerations
In Hampton, a fault-based divorce can affect spousal support awards and property division, but does not typically change the timeline, which often takes 9-18 months if contested.
| Fault Ground | Legal Standard | Potential Impact on Support | Evidence Required |
|---|---|---|---|
| Adultery | Voluntary sexual intercourse outside marriage | Can bar spousal support for adulterous spouse | Direct evidence or circumstantial proof |
| Cruelty | Reasonable apprehension of bodily hurt or danger to life | Can justify support award to victimized spouse | Medical records, police reports, witness testimony |
| Willful Desertion | Voluntary separation without consent for one year | Factor in support determination | Proof of intent to desert and lack of consent |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Hampton Fault-Based Divorce
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 complex family law cases. We understand that a fault-based divorce is more than a simple marriage dissolution; it is a contested legal proceeding requiring strategic preparation and persuasive advocacy. Mr. Sris’s unique background includes personally contributing to the amendment of Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving our team exceptional insight into how fault can influence property division. Our collaborative approach ensures your case benefits from multiple perspectives.
Documented Case Experience
Our firm-wide results across VA, MD, NJ, NY, and DC include 4,739+ documented case outcomes with a 93%+ favorable outcome rate. In fault-based divorce cases, favorable outcomes can include successfully proving grounds, achieving favorable support orders, or securing equitable property division. Every case is unique, and our Hampton fault based divorce lawyer Hampton VA tailors the strategy to your specific facts and evidence.
Results may vary. Prior results do not aim for a similar outcome.
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 Richmond location serves Hampton and surrounding communities. We offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only. A skilled fault based divorce lawyer Hampton VA is available to discuss your case.
Fault-Based Divorce in Hampton: Common Questions
What are the fault grounds for divorce in Virginia?
Yes. Virginia law recognizes four fault grounds: adultery, cruelty (causing reasonable fear of bodily harm), willful desertion for one year, and felony conviction with imprisonment for over one year.
Does proving fault get me a faster divorce in Hampton?
It depends. While fault grounds allow you to file immediately without a waiting period, the divorce itself is not faster if contested. The process of proving fault through discovery and trial often takes longer than an uncontested no-fault divorce based on separation.
Can fault affect who gets the house or retirement accounts?
Yes. Under Virginia’s equitable distribution law (Va. Code § 20-107.3), marital misconduct is not a direct factor. However, fault like adultery can be considered if it had a negative financial impact on the marital estate, which could indirectly influence the division.
If my spouse committed adultery, do I automatically get alimony?
No. Adultery is a bar to spousal support for the spouse who committed it. However, the faithful spouse is not automatically awarded support; the court still considers the 13 statutory factors in Va. Code § 20-107.1.
What evidence do I need for a cruelty-based divorce?
You need clear evidence showing a reasonable fear of bodily hurt. This can include police reports, medical records, photographs of injuries, threatening messages, or witness testimony. A marriage dissolution lawyer can help you gather and present this evidence effectively.
Should I file a fault-based or no-fault divorce?
The best choice depends on your goals, evidence, and timeline. A fault filing may be strategic if fault impacts support or is important for personal reasons. A no-fault divorce may be simpler and less adversarial. A divorce attorney can analyze your situation and advise you.
Internal Links: For more on Virginia family law, see our Virginia Family Law hub page. If you are also facing criminal charges, learn about our Hampton reckless driving defense. For help in a nearby area, consult our divorce attorney in Henrico County.
Page last verified and updated: April 2026. Laws and procedures change. For current guidance on your fault-based divorce in Hampton, contact Law Offices Of SRIS, P.C. at (888) 437-7747.