In Fairfax County, adultery is a fault ground for divorce under Va. Code § 20-91 with no waiting period. Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide. An Adultery Divorce Lawyer Fairfax County can explain how adultery affects spousal support and equitable distribution.
What Is Adultery as a Ground for Divorce in Virginia?
Under Virginia law, adultery is defined as the voluntary sexual intercourse between a married person and someone other than their spouse. Va. Code § 20-91(A)(1) lists adultery as a fault ground for divorce with no separation period required. Unlike no-fault divorce which requires a 6-month or 1-year separation, a divorce based on adultery can be filed immediately upon discovery. The spouse alleging adultery must prove it by clear and convincing evidence — a higher standard than the typical civil preponderance of the evidence. Circumstantial evidence, such as opportunity and inclination, may be sufficient. An Adultery Divorce Lawyer Fairfax County can help you gather the necessary proof.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For adultery-specific divorce cases, the controlling statute is Va. Code § 20-91(A)(1), which provides that a divorce may be decreed on the ground of adultery. This differs from the general no-fault provisions under Va. Code § 20-91(A)(9). The adultery ground carries significant implications for spousal support under Va. Code § 20-107.1, where the court may bar support for the adulterous spouse. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, which governs how marital property is divided in adultery cases.
- Va. Code § 20-91 (Divorce grounds — official Virginia General Assembly)
- Fairfax County General District Court (official court website)
Insider Procedural Edge: Proving Adultery in Fairfax County
In Fairfax County Circuit Court, proving adultery requires more than mere suspicion. The court looks for clear and convincing evidence of both opportunity and adulterous inclination.
Our firm has handled numerous adultery cases in Fairfax County. Prosecutors and opposing counsel often rely on circumstantial evidence, but we know how to challenge its sufficiency.
- Step 1 — Gather Evidence: Collect text messages, emails, credit card statements, and witness statements that show opportunity and inclination.
- Step 2 — File Complaint: File a divorce complaint in Fairfax County Circuit Court (4110 Chain Bridge Road, Suite 210) alleging adultery as a fault ground.
- Step 3 — Serve Process: Serve the complaint on your spouse via sheriff ($12) or private process server ($50-$100).
- Step 4 — Discovery Phase: Use interrogatories, depositions, and subpoenas to obtain additional evidence of the adulterous relationship.
- Step 5 — Pendente Lite Hearing: Request temporary spousal support and custody orders within 21-60 days of filing the motion.
- Step 6 — Trial or Settlement: Present your case at trial or negotiate a property settlement agreement that accounts for the adultery finding.
In Fairfax County, adultery as a divorce ground carries no criminal penalty but significantly impacts spousal support, equitable distribution, and custody determinations.
| Issue | Impact | Legal Standard | Court Discretion | Evidence Required | Timeframe |
|---|---|---|---|---|---|
| Spousal Support | Barred for adulterous spouse | Va. Code § 20-107.1 | Mandatory bar if adultery proven | Clear and convincing | At final hearing |
| Equitable Distribution | Negative factor | Va. Code § 20-107.3 | Court considers marital fault | Preponderance | At final hearing |
| Child Custody | Limited relevance | Va. Code § 20-124.3 | Only if affects child | Best interests | At custody hearing |
| Attorney Fees | May be awarded | Va. Code § 20-99 | Court discretion | Reasonableness | Throughout case |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Adultery Divorce Case?
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. Our firm has documented 4,739+ case results across all practice areas with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in adultery divorce cases. This is a unique credential that no other Fairfax County family law firm can claim. Our tagline — “Advocacy Without Borders” — reflects our commitment to aggressive, client-focused representation.
Case Results in Fairfax County Family Law Matters
Law Offices Of SRIS, P.C. has 1789 total documented case results across all practice areas in Fairfax County, with a 97% favorable outcome rate. Firm-wide, we have 4,739+ documented case results with a 93%+ favorable outcome rate. These results include dismissals, reductions, and favorable settlements in family law cases involving adultery, equitable distribution, and spousal support.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax County Location
Our Fairfax location is minutes from the Fairfax County Circuit Court at 4110 Chain Bridge Road, accessible via I-66 and the Fairfax County Parkway.
Looking for an Adultery Divorce Lawyer Fairfax County near you? We serve all Fairfax County communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions About Adultery Divorce in Fairfax County
Can I get a divorce in Virginia based on adultery without waiting?
Yes. Virginia law allows an immediate divorce filing on the ground of adultery with no separation period required under Va. Code § 20-91(A)(1).
Does adultery affect spousal support in Fairfax County?
Yes. Under Va. Code § 20-107.1, the court may bar spousal support entirely for the spouse who committed adultery, regardless of need or ability to pay.
How do I prove adultery in a Fairfax County divorce?
You must provide clear and convincing evidence of both opportunity and adulterous inclination. This can include text messages, emails, credit card statements, hotel receipts, and witness testimony. Circumstantial evidence is often sufficient.
Does adultery affect child custody in Virginia?
It depends. Adultery alone does not automatically affect custody. The court considers adultery only if it directly impacts the child’s best interests under Va. Code § 20-124.3, such as exposing the child to inappropriate conduct.
How long does an adultery divorce take in Fairfax County?
An uncontested adultery divorce can take 2-4 months from filing to final decree. A contested adultery divorce with equitable distribution and spousal support issues can take 9-18 months or longer.
Can I still get a no-fault divorce if adultery occurred?
Yes. You can choose to file a no-fault divorce based on 6-month or 1-year separation instead of alleging adultery. This may simplify the process and reduce conflict, but you lose the strategic advantage of the adultery ground for spousal support.