In Arlington County, adultery is a fault ground for divorce under Va. Code § 20-91 with no waiting period required. Law Offices Of SRIS, P.C. has 115 documented case results in Arlington County. An Adultery Divorce Lawyer Arlington County can explain how adultery impacts spousal support and equitable distribution. Consultation by appointment.
Virginia Adultery Divorce Laws in Arlington County
Under Virginia law, adultery is defined as the voluntary sexual intercourse between a married person and someone other than their spouse. It is a fault-based ground for divorce under Va. Code § 20-91(A)(1). Unlike no-fault divorce, which requires a separation period, adultery allows you to file immediately with no waiting period. However, the court requires clear and convincing evidence of the adulterous relationship. An Adultery Divorce Lawyer Arlington County can help you gather the necessary proof.
Last verified: April 2026 | Arlington County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For more information on Virginia divorce laws, review the Va. Code § 20-91 (official Virginia General Assembly) and the Arlington County General District Court website.
Insider Procedural Edge: Proving Adultery in Arlington County
Arlington County Circuit Court handles all divorce cases, including those based on adultery. The court requires corroborating evidence beyond mere suspicion. Direct evidence is rare, so circumstantial evidence — such as hotel receipts, credit card statements, or text messages — is often used. An infidelity divorce grounds lawyer Arlington County knows what evidence the court accepts.
- Step 1: Gather evidence of the adulterous relationship — text messages, emails, credit card statements, or witness testimony.
- Step 2: File a complaint for divorce based on adultery at the Arlington County Circuit Court, located at 1425 N. Courthouse Rd, Suite 2400.
- Step 3: Serve the divorce papers on your spouse through the sheriff’s office or a private process server.
- Step 4: Attend the pendente lite hearing for temporary support and custody, typically set within 21-60 days of filing.
- Step 5: Present your evidence at trial or negotiate a settlement agreement that addresses property division and spousal support.
In Arlington County, adultery does not carry criminal penalties but significantly impacts divorce outcomes, including spousal support and property division under Va. Code § 20-107.3.
| Issue | Impact | Legal Standard |
|---|---|---|
| Spousal Support | Adultery is a bar to spousal support for the adulterous spouse | Va. Code § 20-107.1 |
| Equitable Distribution | Court may consider adultery when dividing marital property | Va. Code § 20-107.3 |
| Child Custody | Adultery alone does not affect custody unless it harms the child | Va. Code § 20-124.3 |
| No-Fault Alternative | 6-month separation (no children) or 1-year separation (with children) | Va. Code § 20-91 |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Arlington County Adultery 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. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a landmark achievement that demonstrates deep knowledge of Virginia family law. Our firm has 4,739+ documented case results across all practice areas with a 93%+ favorable outcome rate. We understand the nuances of proving adultery in Arlington County Circuit Court.
Law Offices Of SRIS, P.C. has 115 total documented case results in Arlington County across all practice areas, with a 100% favorable outcome rate. Our firm-wide results include 4,739+ documented cases 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 Arlington Location
1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Our Arlington location is near the Arlington County Courthouse, accessible via I-395 and Route 50. We serve Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington.
Searching for a cheating spouse divorce lawyer Arlington County? We are here to help.
How long does a divorce based on adultery take in Arlington County?
It depends. An uncontested divorce with a signed separation agreement takes 2-4 months. A contested adultery divorce can take 9-18 months because the court requires proof of the adulterous relationship.
Does adultery affect spousal support in Virginia?
Yes. Under Va. Code § 20-107.1, adultery is a complete bar to spousal support for the adulterous spouse. The innocent spouse can still receive support, but the adulterous spouse cannot.
What evidence do I need to prove adultery in Arlington County?
The court requires clear and convincing evidence. Direct evidence is rare, so circumstantial evidence — hotel receipts, credit card charges, text messages, or witness testimony — is commonly used.
Can I get a divorce in Virginia without proving adultery?
Yes. Virginia allows no-fault divorce after a 6-month separation if you have no minor children and a signed separation agreement, or a 1-year separation if you have minor children.
Is Virginia a community property state for divorce?
No. Virginia is an equitable distribution state. The court divides marital property fairly but not necessarily 50/50. Adultery is one of 11 factors the court considers under Va. Code § 20-107.3.
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.