In Fairfax 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 1,789 documented case results across all practice areas. An Adultery Divorce Lawyer Fairfax can explain how adultery impacts spousal support and equitable distribution at Fairfax County Circuit Court.
Virginia Adultery Divorce Law in Fairfax County
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) establishes 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, an adultery filing can proceed immediately upon proof. The court considers adultery when determining spousal support under Va. Code § 20-107.1, and it can bar a guilty spouse from receiving support. An Adultery Divorce Lawyer Fairfax understands the evidentiary standards required to prove adultery in Fairfax County Circuit Court.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Official Legal Resources for Fairfax County Divorce
For the complete text of Virginia’s divorce statutes, visit the Virginia General Assembly’s official code for Va. Code § 20-91. For court procedures and filing information, refer to the Fairfax County General District Court website.
Insider Procedural Edge: Proving Adultery in Fairfax County
Fairfax County Circuit Court requires clear and convincing evidence of adultery. Direct evidence is rare; circumstantial evidence of opportunity and inclination is typically used. The court examines the adulterous conduct’s impact on the marital estate for equitable distribution purposes.
- File a complaint for divorce at Fairfax County Circuit Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) stating adultery as the ground.
- Serve the complaint on your spouse through sheriff service ($12) or private process server ($50-$100).
- Gather evidence of adultery — hotel receipts, credit card statements, text messages, or witness testimony.
- Attend the pendente lite hearing (typically within 21-60 days) for temporary support and custody orders.
- Proceed to trial or negotiate a property settlement agreement that addresses the adultery’s impact on support and property division.
In Fairfax County, adultery divorce carries no criminal penalty but significantly impacts spousal support and equitable distribution under Virginia law.
| Issue | Legal Standard | Impact on Spouse | Court Consideration |
|---|---|---|---|
| Spousal Support | Barred for guilty spouse | Guilty spouse may receive $0 support | Va. Code § 20-107.1 |
| Equitable Distribution | Economic waste considered | Funds spent on affair deducted from marital share | Va. Code § 20-107.3 |
| Child Custody | Best interests standard | Adultery alone does not bar custody | Va. Code § 20-124.3 |
| Attorney Fees | Discretionary award | Innocent spouse may recover fees | Va. Code § 20-99 |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your 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. With 4,739+ total documented case results and a 93%+ favorable outcome rate firm-wide, our team understands Fairfax County family law. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — the very law that governs how adultery impacts property division in your divorce. Our Adultery Divorce Lawyer Fairfax team includes Samantha Rae Powers, who brings 18+ years of family law experience to your case.
Mr. Sris, firm founder and former prosecutor, also handles complex adultery divorce cases involving business valuation and international assets. He personally amended Va. Code § 20-107.3 and has practiced family law since 1997.
Fairfax County Case Results
Law Offices Of SRIS, P.C. has 1,789 total documented case results across all practice areas with a 97% favorable outcome rate. Firm-wide, we have 4,739+ 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 Fairfax Location
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax location is near the Fairfax County courts at 4110 Chain Bridge Road, accessible via I-66 and the Fairfax County Parkway. We serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. Search for “Adultery Divorce Lawyer Fairfax” or “divorce lawyer near Fairfax” to find us.
Frequently Asked Questions About Adultery Divorce in Fairfax County
How long does an adultery divorce take in Fairfax County?
It depends. An uncontested adultery divorce with a signed property settlement agreement can take 2-4 months from filing. A contested adultery divorce requiring proof of the affair typically takes 9-18 months in Fairfax County Circuit Court.
Do I need to prove adultery in Fairfax County divorce court?
Yes. Virginia requires clear and convincing evidence of adultery. Direct evidence is rare; circumstantial evidence of opportunity and inclination is commonly accepted. An Adultery Divorce Lawyer Fairfax can help you gather admissible evidence.
Can adultery affect child custody in Fairfax County?
No. Adultery alone does not bar a parent from custody. Fairfax County courts decide custody based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors unrelated to marital misconduct.
Will I lose spousal support if I committed adultery in Virginia?
Yes. Under Va. Code § 20-107.1, a spouse who commits adultery is barred from receiving spousal support. The innocent spouse may still receive support. An Adultery Divorce Lawyer Fairfax can explain how this applies to your case.
What is the filing fee for an adultery divorce in Fairfax County?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs approximately $12, and private process server fees range from $50-$100. Additional costs include Guardian ad Litem fees ($500-$2,500+) and mediation ($100-$300/hour per party).
Is Virginia a community property state for adultery divorce?
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, including any economic waste from the adulterous relationship.
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.