In Falls Church, adultery is a fault ground for divorce under Va. Code § 20-91 with no waiting period required. An Adultery Divorce Lawyer Falls Church from Law Offices Of SRIS, P.C. has 24 documented case results in the locality. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute. Consultation by appointment.
Virginia Adultery Divorce Law in Falls Church
Under Virginia law, adultery is defined as the voluntary sexual intercourse between a married person and someone other than their spouse. It serves as a fault-based ground for divorce under Va. Code § 20-91(A)(1), which allows an immediate filing with no separation period. Unlike no-fault divorce requiring 6 or 12 months of separation, adultery provides an accelerated path to dissolution. The party alleging adultery must prove it by clear and convincing evidence — a higher standard than the typical preponderance of the evidence. Circumstantial evidence, such as opportunity and inclination, is often sufficient when direct proof is unavailable.
Last verified: April 2026 | Falls Church General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Specific Statute for Adultery Divorce
For adultery divorce cases specifically, Va. Code § 20-91(A)(1) governs the grounds, while Va. Code § 20-107.3 (personally amended by Mr. Sris) controls the equitable distribution of marital property. Adultery can also impact spousal support determinations under Va. Code § 20-107.1, where the court may consider the circumstances that led to the dissolution, including marital misconduct.
Review the official statutes: Va. Code § 20-91 (divorce grounds — official Virginia General Assembly) and the Falls Church Combined Courts website for local procedures.
Insider Procedural Edge: Proving Adultery in Falls Church Circuit Court
Falls Church Circuit Court requires clear and convincing evidence of adultery. Direct proof is rare; circumstantial evidence of opportunity and inclination is the standard approach.
Our firm uses a case-specific approach to gather admissible evidence, including hotel records, credit card statements, and witness testimony, while ensuring no privacy laws are violated.
- Identify Evidence Sources: Gather phone records, credit card statements, hotel receipts, and social media posts that suggest a romantic relationship.
- File for Divorce on Fault Grounds: Your attorney files a complaint for divorce based on adultery under Va. Code § 20-91(A)(1) at Falls Church Circuit Court, 300 Park Avenue, Suite 151W.
- Serve the Spouse: The complaint must be personally served on your spouse, along with a subpoena for any third-party evidence.
- Discovery Phase: Your attorney conducts depositions and requests documents from the alleged paramour and your spouse to build the evidentiary record.
- Prove Adultery at Hearing: Present circumstantial or direct evidence to the judge. If proven, the court may grant the divorce immediately with no waiting period.
- Address Equitable Distribution: Under Va. Code § 20-107.3, the court divides marital property fairly, considering adultery as a factor in the division.
In Falls Church, adultery divorce carries no criminal penalty but affects property division and spousal support under Va. Code § 20-107.3 and § 20-107.1.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (Divorce Ground) | Fault Ground — No Criminal Penalty | None | None | None | May reduce or eliminate spousal support; may affect equitable distribution of marital assets |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Falls Church 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, the equitable distribution statute that governs how marital property is divided in Virginia divorces — including those involving adultery. This achievement is a documented, real-world contribution to Virginia family law that no other firm can claim. Our firm has 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC, with a 93%+ favorable outcome rate. Our tagline is “Advocacy Without Borders.”
Falls Church Case Results
In Falls Church, our firm has 24 total documented case results across all practice areas, with a 100% favorable outcome rate. These include cases involving operating an uninsured vehicle that were nolle prossed (dismissed) at Falls Church General District Court.
Results may vary. Prior results do not guarantee a similar outcome.
Our Falls Church Location
Our Fairfax location is approximately 3 miles from Falls Church Circuit Court (300 Park Avenue), accessible via Route 7 (Broad Street/Leesburg Pike) and I-495.
Adultery divorce lawyer near Falls Church — serving Falls Church, including the Eden Center and West Falls Church Metro area.
Neighborhoods Served: Falls Church
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
NAP: Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
How long does an adultery divorce take in Falls Church?
Yes, adultery allows immediate filing with no waiting period. Uncontested adultery divorce: 2-4 months from filing. Contested: 9-18 months. Falls Church Circuit Court handles all divorce cases.
Do I need to prove adultery in court?
Yes. Virginia requires clear and convincing evidence. Direct proof is rare; circumstantial evidence of opportunity and inclination is typically sufficient. Your attorney gathers phone records, hotel receipts, and witness testimony.
Can adultery affect property division in Falls Church?
It depends. Under Va. Code § 20-107.3 (personally amended by Mr. Sris), the court considers all circumstances, including adultery, when dividing marital property equitably. Adultery does not automatically mean a 50/50 split.
Will adultery affect spousal support?
Yes. Under Va. Code § 20-107.1, the court may bar or reduce spousal support for the spouse who committed adultery. The court considers the circumstances that led to the dissolution of the marriage.
Is adultery a crime in Virginia?
No. Adultery is a Class 4 misdemeanor under Va. Code § 18.2-365, but prosecutions are extremely rare. In practice, adultery serves only as a fault ground for divorce, not a criminal charge.
What if my spouse committed adultery but I also committed adultery?
It depends. Virginia recognizes the defense of recrimination — if both parties committed adultery, the court may deny the divorce on fault grounds. However, the court can still grant a no-fault divorce after the required separation period.
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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.