Fault Based Divorce Lawyer Virginia — What Are Your Grounds?
A fault-based divorce in Virginia requires proving specific grounds like adultery or cruelty under Va. Code § 20-91. This fault based divorce lawyer Virginia team at Law Offices Of SRIS, P.C. provides strategic divorce representation to protect your interests. Our firm has 4,739+ documented results firm-wide. Contact us for a case review.
Statutory Definition of Fault-Based Divorce in Virginia
Virginia law provides specific fault grounds for ending a marriage, distinct from a no-fault separation. A fault-based divorce is a legal action where one spouse alleges the other committed a marital wrong that justifies ending the marriage. The grounds are strictly defined by statute and require proof. The primary statute governing fault grounds is Va. Code § 20-91. Mr. Sris, the firm’s founder, has a deep understanding of these statutes, having personally contributed to amending related family law codes like Va. Code § 20-107.3.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s divorce laws, refer to the official Virginia Code, Title 20, Chapter 6. For local court procedures and forms, visit the Virginia Judicial System domestic relations forms page.
Virginia’s Fault Grounds and Local Procedural Edge
Virginia recognizes several fault grounds, including adultery, cruelty, willful desertion, and felony conviction. Successfully filing for a fault-based divorce requires meeting precise legal definitions and evidentiary standards. In Virginia courts, proving fault can influence decisions on spousal support, equitable distribution, and even the timeline for the final decree, making skilled divorce representation critical.
- Consult a Virginia divorce attorney to evaluate if you have valid grounds and sufficient evidence.
- File a Complaint for Divorce in the appropriate Circuit Court, specifically alleging the fault ground.
- Serve the complaint on your spouse and begin the discovery process to gather evidence.
- Prepare for and attend hearings, which may include presenting witnesses and documentation to prove the marital fault.
- Proceed to trial or negotiate a settlement based on the strength of the fault evidence and its potential impact.
Potential Implications of a Fault-Based Divorce Filing
In Virginia, proving fault in a divorce can affect spousal support awards and the division of marital assets, though the state follows an equitable distribution model.
| Fault Ground | Legal Definition (Va. Code § 20-91) | Potential Impact on Case |
|---|---|---|
| Adultery | Voluntary sexual intercourse by either spouse with someone other than the other spouse. | Can bar spousal support for the at-fault spouse; may influence asset division. |
| Cruelty | Reasonable apprehension of bodily hurt or willful conduct that endangers life, health, or well-being. | Grounds for immediate divorce filing; can affect custody and support determinations. |
| Willful Desertion | Abandonment of the marital duties and cohabitation for one year or more. | May entitle the deserted spouse to a greater share of marital assets or support. |
| Felony Conviction | Conviction of a felony, sentence to confinement for more than one year, and cohabitation not resumed after release. | Provides clear grounds; often influences custody decisions and financial settlements. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Divorce Filing
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 tagline, “Advocacy Without Borders,” reflects our commitment. Mr. Sris’s unique background includes personally amending Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving our team significant insight into the legislative intent behind the laws that govern your case.
Documented Case Results
Our firm-wide record includes 4,739+ documented results across VA, MD, NJ, NY, and DC with a 93%+ favorable outcome rate. In fault-based divorce matters, our attorneys work to use evidence effectively, whether to secure a favorable settlement or present a compelling case at trial.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Fault-Based Divorce Lawyer Near You
Our firm serves clients throughout Virginia. For your fault based divorce lawyer Virginia needs, we offer 24/7 phone consultations at (888) 437-7747. Meetings are held by appointment only at our various Virginia locations to serve you best.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
What are the fault grounds for divorce in Virginia?
Yes. Virginia law specifies fault grounds including adultery, cruelty, willful desertion for one year, and felony conviction with imprisonment. These are outlined in Va. Code § 20-91 and require proof to be granted by the court.
Does proving fault aim for a better financial outcome?
It depends. While Virginia is an “equitable distribution” state, proving fault like adultery can bar an at-fault spouse from receiving spousal support and can influence how a judge divides assets. The outcome depends on the specific evidence and the judge’s discretion.
How long does a fault-based divorce take in Virginia?
A contested fault-based divorce typically takes 9 to 18 months, but complex cases can extend longer. The timeline depends on court schedules, the complexity of evidence, and whether the fault is disputed, requiring a full trial.
Can I file for divorce based on adultery without concrete proof?
No. Virginia courts require clear and convincing evidence of adultery. Circumstantial evidence can be used, but it must be compelling. An experienced divorce attorney can advise on what evidence is sufficient for your divorce filing.
What is the difference between a fault and no-fault divorce in Virginia?
The key difference is the required ground. A no-fault divorce is based on living separate and apart for a statutory period (6 months or 1 year). A fault-based divorce alleges a specific wrongful act by one spouse, which must be proven in court.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
A fault based divorce case is one part of divorce & separation lawyer, and our page on divorce lawyer Virginia covers the wider process.