A Fault Based Divorce Lawyer New Kent County handles adultery, cruelty, desertion, and felony conviction grounds under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County. Mr. Sris personally amended Va. Code § 20-107.3. Consultation by appointment.
Fault Grounds for Divorce Under Virginia Law
Virginia law provides specific fault grounds for divorce lawyer New Kent County clients may use. Under Va. Code § 20-91, fault-based divorce grounds include adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion for one year, and felony conviction with imprisonment for one year or more. Unlike no-fault divorce requiring a 6-month or 1-year separation period, fault grounds allow immediate filing. An at-fault divorce lawyer New Kent County must prove the fault ground by a preponderance of the evidence at New Kent County Circuit Court. The court considers fault when dividing marital property under Va. Code § 20-107.3, which Mr. Sris personally amended. Corroborating witness testimony is typically required for fault-based grounds.
Last verified: April 2026 | New Kent County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Review the official Virginia Code § 20-91 divorce grounds statute and the New Kent County Circuit Court website for filing procedures.
Insider Procedural Edge: Proving Fault in New Kent County
New Kent County Circuit Court requires specific evidence for fault grounds. Adultery cases need direct or circumstantial proof. Cruelty claims require documented incidents.
- Identify which fault ground applies to your situation.
- Gather corroborating evidence and witness statements.
- File a complaint for divorce at New Kent County Circuit Court.
- Serve the complaint on your spouse through sheriff or process server.
- Attend pendente lite hearing for temporary support if needed.
- Proceed to final hearing or negotiate a settlement agreement.
In New Kent County, fault-based divorce grounds carry no criminal penalties but affect property division, spousal support, and attorney fee awards.
| 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 | Must prove by preponderance |
| Cruelty | Fault ground | None | Court considers fault in division | May affect support award | Reasonable apprehension required |
| Desertion | Fault ground | 1 year | Court considers fault in division | May affect support award | Must show intent to abandon |
| Felony Conviction | Fault ground | 1+ year imprisonment | Court considers fault in division | May affect support award | Must show conviction and incarceration |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your 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. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a unique credential that directly impacts fault-based divorce cases. The firm has 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC, with a 93%+ favorable outcome rate. Our New Kent County clients benefit from our Richmond location’s proximity to the courthouse and deep understanding of local court procedures.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results in New Kent County
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County, with a 100% favorable outcome rate. Firm-wide, we have 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 30 minutes from New Kent County Circuit Court, accessible via I-64 and Route 33. Serving as a Fault Based Divorce Lawyer New Kent County near the historic courthouse and Colonial Downs area.
Neighborhoods served: New Kent, Providence Forge, Quinton.
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 New Kent County
How long does a fault-based divorce take in New Kent County?
Yes, fault-based divorces can proceed faster than no-fault because no separation period is required. Contested fault divorces typically take 9-18 months from filing to final decree in New Kent County Circuit Court.
Do I need a witness for a fault-based divorce in Virginia?
Yes, Virginia requires at least one corroborating witness for an uncontested divorce hearing. For fault grounds, the witness must provide testimony supporting the alleged fault ground at New Kent County Circuit Court.
Can adultery affect property division in New Kent County?
Yes, under Va. Code § 20-107.3, the court may consider marital waste from adultery when dividing marital property. An at-fault divorce lawyer New Kent County can present evidence of dissipation of assets.
What is the filing fee for a fault-based divorce in New Kent County?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs approximately $12, while private process server fees range from $50 to $100.
Is mediation required for fault-based divorce in Virginia?
No, mediation is not mandatory in Virginia for fault-based divorces. However, New Kent County Circuit Court may encourage mediation for contested issues like property division and custody.
For more information, visit our Virginia Family Law Lawyer hub page. See also Henrico County divorce lawyer and Chesterfield County divorce lawyer. Related services: New Kent County criminal defense lawyer.
Last verified: 2026-04. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.