In Lexington, Virginia, a fault based divorce lawyer can pursue grounds like adultery, cruelty, or desertion under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 14 documented case results in Lexington. Mr. Sris personally amended the equitable distribution statute, Va. Code § 20-107.3. Consultation by appointment.
Fault Grounds for Divorce Under Virginia Law
Virginia law provides specific fault grounds for divorce under Va. Code § 20-91. Unlike no-fault divorce, which requires a separation period, fault-based divorce allows you to file immediately upon proving the ground. The recognized fault 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). An at-fault divorce lawyer Lexington can help you gather the necessary evidence and present your case to the Lexington Circuit Court. Mr. Sris, founder of Law Offices Of SRIS, P.C. in 1997, brings former prosecutor experience to family law cases. The firm’s combined attorney experience exceeds 120 years.
Last verified: April 2026 | Lexington General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For the full text of Virginia’s divorce statutes, see Va. Code § 20-91 (official Virginia General Assembly). For court procedures and forms, visit the Lexington General District Court website.
Insider Procedural Edge: Proving Fault in Lexington
In Lexington Circuit Court, proving fault grounds requires corroborating evidence. Adultery demands proof beyond a reasonable doubt — circumstantial evidence of opportunity and inclination is often sufficient. Cruelty requires showing a pattern of conduct that endangers your safety or health. Desertion must show willful abandonment without consent for one year.
- Consult with a Fault Based Divorce Lawyer Lexington to identify which fault ground applies to your situation.
- Gather evidence: text messages, emails, financial records, witness statements, or photographs supporting your claim.
- File a complaint for divorce at the Lexington Circuit Court, 2 South Main Street, Lexington, VA 24450.
- Serve the complaint on your spouse through the sheriff’s office or a private process server.
- Attend the pendente lite hearing (if needed) for temporary support and custody orders.
- Proceed to trial or negotiate a settlement based on the fault ground proven.
In Lexington, Virginia, fault-based divorce grounds carry no criminal penalties but affect property division, spousal support, and attorney’s fees under Va. Code § 20-107.3.
| 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 | May affect custody if child exposed |
| Cruelty | Fault ground | None | Court may award more to injured spouse | May increase support award | Protective order possible |
| Desertion | Fault ground | 1 year | Court may consider abandonment | May affect support | Must prove willful intent |
| Felony Conviction | Fault ground | 1 year imprisonment | Court may consider criminal conduct | May affect support | Must prove conviction and incarceration |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Lexington Fault-Based Divorce?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. The firm has achieved 4,739+ documented case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C., with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a credential no other family law attorney in Lexington can claim. Our Fault Based Divorce Lawyer Lexington team includes Samantha Rae Powers, who brings 18+ years of legal experience and a Ph.D. in Communication from UC Santa Barbara to complex family law matters.
Lexington Case Results
Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington, with a 100% favorable outcome rate. In one Lexington traffic case, a reckless driving charge (improper control) was dismissed via nolle prosequi. In another, a reckless driving speed charge (84/65) was reduced to 74/65 speed. These results demonstrate the firm’s commitment to aggressive representation.
Results may vary. Prior results do not guarantee a similar outcome.
Our Lexington Location
Our Richmond location serves clients at the Lexington courts (2 South Main Street), accessible via I-81, I-64, Route 11, and Route 60. We serve the Lexington community, including Virginia Military Institute and Washington and Lee University areas.
Looking for a Fault Based Divorce Lawyer Lexington near you? Our team is available 24/7 for phone consultations.
Neighborhoods served: Lexington.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Fault-Based Divorce in Lexington
How long does a divorce take in Lexington, Virginia?
It depends. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree. Contested divorce: 9-18 months. Complex equitable distribution with business valuation or retirement assets: 12-24 months. Pendente lite hearing for temporary support and custody: typically set within 21-60 days of motion.
How much does a divorce cost in Lexington, Virginia?
It depends. Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Guardian ad Litem for custody: typically $500-$2,500+. Mediation: $100-$300/hour per party. Additional costs vary by case complexity.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Lexington, Virginia?
Custody in Lexington is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Lexington J&DR Court handles standalone custody. Lexington Circuit Court handles custody within divorce cases.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Lexington Circuit Court.
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.