Fault Based Divorce Lawyer Henrico County — What Are Your Legal Grounds?
A Fault Based Divorce Lawyer Henrico County helps you file under Va. Code § 20-91 for adultery, cruelty, or desertion. Law Offices Of SRIS, P.C. has 21 documented case results in Henrico County. Mr. Sris personally amended Virginia’s equitable distribution statute. Consultation by appointment.
Last verified: April 2026 | Henrico County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law provides specific fault grounds for divorce under Va. Code § 20-91. These grounds include adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (abandonment for one year), and felony conviction (imprisonment for one year or more). Unlike no-fault divorce, fault-based divorce does not require a separation period. An at-fault divorce lawyer Henrico County can file immediately upon proving the fault ground in Henrico County Circuit Court. The court considers fault when dividing marital property under Va. Code § 20-107.3, which Mr. Sris personally amended. Proving fault can affect spousal support and property division outcomes.
Review the official statute: Va. Code § 20-91 (divorce grounds — official Virginia General Assembly). Henrico County Circuit Court procedures are available at: Henrico County General District Court (official .gov site).
- Gather evidence: text messages, financial records, photographs, witness statements.
- File a verified complaint at Henrico County Circuit Court, 4301 East Parham Road.
- Serve the defendant with process via sheriff ($12) or private process server ($50-$100).
- Attend pendente lite hearing for temporary support and custody (21-60 days).
- Proceed to trial or negotiate a property settlement agreement.
- Obtain final decree of divorce from the Circuit Court judge.
In Henrico County, fault-based divorce carries no criminal penalty but affects property division, spousal support, and attorney fee awards under Va. Code § 20-107.3.
| Fault Ground | Waiting Period | Evidence Required | Impact on Property Division | Impact on Spousal Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | None | Direct or circumstantial proof | Court may award larger share to innocent spouse | Bar to spousal support for adulterous spouse | Attorney fees may be awarded |
| Cruelty | None | Reasonable apprehension of bodily harm | Court considers fault in equitable distribution | May affect support amount | Protective orders possible |
| Desertion | 1 year | Proof of abandonment without consent | Fault considered in division | May affect support | Must prove intent to abandon |
| Felony Conviction | 1+ year imprisonment | Certified conviction record | Fault considered | May affect support | Must show conviction and incarceration |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a unique credential that directly impacts fault-based divorce cases in Henrico County. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, Owner & CEO and Managing Attorney, provides secondary oversight on all Henrico County family law cases. He founded the firm in 1997, served as a former prosecutor, and personally amended Va. Code § 20-107.3. He is admitted in VA, MD, DC, NJ, and NY.
Law Offices Of SRIS, P.C. has 21 total documented case results across all practice areas in Henrico County, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location is approximately 15 minutes from Henrico County Circuit Court at 4301 East Parham Road, accessible via I-64, I-95, and Route 250 (Broad Street).
Looking for a fault based divorce lawyer near Henrico County? We serve Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville (partial).
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
How long does a fault-based divorce take in Henrico County?
Yes. Uncontested fault divorce with signed agreement: 2-4 months. Contested fault divorce: 9-18 months. Complex cases with business valuation: 12-24 months. Pendente lite hearing set within 21-60 days.
How much does a fault-based divorce cost in Henrico County?
It depends. Circuit Court filing fee: approximately $86. Sheriff service: $12. Private process server: $50-$100. Guardian ad Litem for custody: $500-$2,500+. Mediation: $100-$300/hour per party.
Is Virginia a community property state for fault divorce?
No. Virginia is an equitable distribution state. The court divides marital property fairly but not necessarily 50/50. Fault is one of 11 factors under Va. Code § 20-107.3, personally amended by Mr. Sris.
How is child custody decided in a fault divorce in Henrico County?
It depends. Custody is based on the child’s best interests under Va. Code § 20-124.3. The court considers 10 factors including each parent’s role and any history of abuse. Henrico County J&DR Court handles standalone custody.
What are the fault grounds for divorce in Virginia?
Yes. Adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (1 year), and felony conviction (1+ year imprisonment). No separation period required for fault grounds.
Can I get spousal support in a fault-based divorce in Henrico County?
It depends. Spousal support is based on 13 statutory factors under Va. Code § 20-107.1. Adultery by the supported spouse can bar support. The court considers fault in determining support amount and duration.
Chesterfield County Divorce Lawyer | Hanover County Divorce Lawyer
Henrico County Criminal Defense Lawyer | Henrico County DUI Lawyer
View Attorney Profile | Richmond Office Location
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.