A Fault Based Divorce Lawyer Fauquier County handles cases involving adultery, cruelty, desertion, or felony conviction under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County. Mr. Sris personally amended Virginia’s equitable distribution statute. Call (888) 437-7747.
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
In Fauquier County, a fault-based divorce carries no waiting period for adultery, but requires 1 year of desertion or a 1+ year felony imprisonment. The Circuit Court at 6 Court Street handles all divorce filings.
Understanding Fault Grounds for Divorce in Fauquier County
Virginia law provides specific fault grounds for divorce lawyer Fauquier County clients can use. Under Va. Code § 20-91, fault grounds include adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (1 year), and felony conviction (1+ year imprisonment). Unlike no-fault divorce requiring 6-12 months separation, fault grounds allow immediate filing in certain cases. The Fauquier County Circuit Court at 6 Court Street, Warrenton, VA 20186 handles all divorce proceedings. An at-fault divorce lawyer Fauquier County can help you prove these grounds in court.
Mr. Sris, founder of Law Offices Of SRIS, P.C. (established 1997), personally amended Va. Code § 20-107.3 — the equitable distribution statute. This achievement demonstrates deep familiarity with Virginia family law. The firm’s combined attorney experience exceeds 120 years, with a 93%+ favorable outcome rate across 4,739+ total case results.
External Citation Links
Review the official Va. Code § 20-91 (divorce grounds) on the Virginia General Assembly website. For court procedures, visit the Fauquier County General District Court official website.
Insider Procedural Edge: Fauquier County Fault Divorce Process
Fauquier County Circuit Court requires a corroborating witness for fault-based divorce hearings. The court schedules pendente lite hearings within 21-60 days of motion filing. Forensic accountants are commonly used in complex equitable distribution cases involving business valuation.
- File a complaint for divorce at Fauquier County Circuit Court (6 Court Street, Warrenton, VA 20186). Filing fee: approximately $86.
- Serve the other spouse with process — sheriff service costs about $12; private process server $50-$100.
- Attend pendente lite hearing for temporary support and custody (typically within 21-60 days).
- Complete discovery, including financial affidavits and asset documentation.
- Attend final hearing with corroborating witness to prove fault grounds.
Penalty Table: Fault Divorce Considerations
| Fault Ground | Classification | Waiting Period | Impact on Property Division | Impact on Spousal Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Court may consider marital waste | Bar to spousal support | Corroborating witness required |
| Cruelty | Fault ground | None | Court considers conduct | May affect support amount | Reasonable apprehension of bodily harm |
| Desertion | Fault ground | 1 year | Court considers abandonment | May affect support | Must prove willful abandonment |
| Felony Conviction | Fault ground | 1+ year imprisonment | Court considers circumstances | May affect support | Conviction must be for felony |
Results may vary. Prior results do not guarantee a similar outcome.
E-E-A-T Authority Block
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience and has achieved 4,739+ documented case results with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a landmark achievement in family law. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris (Owner & CEO, Managing Attorney) — Former prosecutor; founded firm 1997; personally amended Va. Code § 20-107.3; Bar: VA, MD, DC, NJ, NY. He provides strategic oversight on complex family law matters.
Case Results
Law Offices Of SRIS, P.C. has 73 total documented case results across all practice areas in Fauquier County, with a 97% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC: 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Local Pack Trigger Block
Our Fairfax location serves clients at Fauquier County courts (6 Court Street). Accessible via I-66 (eastern county), Route 29, Route 17, Route 28, and Route 211. We serve Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Looking for a Fault Based Divorce Lawyer Fauquier County near you? Our office is near Historic Warrenton town center and the Fauquier County Courthouse.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
How long does a fault-based divorce take in Fauquier County?
It depends. Adultery cases can proceed immediately with no waiting period. Desertion requires 1 year. Contested fault divorces typically take 9-18 months from filing to final decree. Pendente lite hearings for temporary support occur within 21-60 days of motion.
Is adultery a valid ground for divorce in Virginia?
Yes. Adultery is a fault ground under Va. Code § 20-91 with no waiting period. You must provide corroborating witness testimony. Adultery can bar spousal support and affect property division. The court considers marital waste when dividing assets.
What is the difference between fault and no-fault divorce in Virginia?
No-fault requires 6-month separation (no minor children) or 1-year separation (with minor children). Fault grounds allow immediate filing for adultery, or after 1 year for desertion or felony conviction. Fault may affect property division and spousal support awards.
How much does a fault-based divorce cost in Fauquier County?
Circuit Court filing fee: approximately $86. Sheriff service of process: $12. Private process server: $50-$100. Guardian ad Litem for custody: $500-$2,500+. Mediation: $100-$300/hour per party. Attorney fees vary based on case complexity.
Can I get spousal support in a fault-based divorce?
It depends. Adultery can bar spousal support entirely. For other fault grounds, the court considers 13 statutory factors under Va. Code § 20-107.1. The court may award support based on the duration of marriage, financial resources, and each spouse’s contributions.
What court handles fault divorce in Fauquier County?
Fauquier County Circuit Court at 6 Court Street, Warrenton, VA 20186 handles all divorce, equitable distribution, and spousal support matters. Fauquier County Juvenile and Domestic Relations Court handles standalone custody and child support issues.
Internal Links
Virginia Divorce & Family Law Lawyer
Prince William County Divorce Lawyer
Fauquier County Criminal Defense Lawyer
Freshness & Verification
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.
Results may vary. Prior results do not guarantee a similar outcome.