If you are seeking an Adultery Divorce Lawyer Fauquier County, Virginia allows fault-based divorce on adultery grounds with no waiting period under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County. Mr. Sris personally amended Va. Code § 20-107.3.
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Under Virginia law, adultery is a fault ground for divorce under Va. Code § 20-91(1). Unlike no-fault divorce, which requires a 6-month or 1-year separation period, adultery allows you to file immediately with no waiting period. You must prove the adultery by a preponderance of the evidence, often through circumstantial evidence such as opportunity and inclination. The court considers adultery when dividing marital property under Va. Code § 20-107.3, which Mr. Sris personally amended. Fauquier County Circuit Court at 6 Court Street, Warrenton, VA 20186 handles all divorce filings in the county.
For the full text of Virginia’s divorce statutes, see Va. Code § 20-91 (official Virginia General Assembly). For court procedures and forms, visit the Fauquier County General District Court website.
- Gather Evidence: Collect text messages, emails, credit card statements, photos, or witness statements showing opportunity and inclination.
- File Complaint: File a complaint for divorce based on adultery at Fauquier County Circuit Court, 6 Court Street, Warrenton, VA 20186. Filing fee is approximately $86.
- Serve the Spouse: Serve the complaint on your spouse through sheriff service ($12) or private process server ($50-$100).
- Prove Adultery: Present evidence at a hearing or trial. The court may also consider adultery when dividing property and awarding spousal support.
- Final Decree: If the court finds adultery, it may grant a divorce immediately with no separation period. The final decree resolves property division, support, and custody.
In Fauquier County, adultery divorce carries no criminal penalty but affects property division, spousal support, and custody under Va. Code § 20-107.3.
| Issue | Classification | Impact | Financial Consequence | Timeline | Additional Factors |
|---|---|---|---|---|---|
| Adultery as Fault Ground | Fault divorce | No waiting period required | Filing fee: ~$86 | 3-6 months if uncontested | Must prove by preponderance of evidence |
| Property Division | Equitable distribution | Court may award less to adulterous spouse | Varies by asset value | 9-18 months if contested | Va. Code § 20-107.3 factors apply |
| Spousal Support | Discretionary | Adultery may bar or reduce support | Based on 13 statutory factors | Set at final hearing | Fault is one of 13 factors |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and 4,739+ total documented case results firm-wide across VA, MD, NJ, NY, and DC with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a unique credential that no other family law attorney in Virginia can claim. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris (Owner & CEO, Managing Attorney) is a former prosecutor who founded the firm in 1997. He holds bar admissions in Virginia, Maryland, DC, New Jersey, and New York. His background in accounting and information systems provides a unique advantage in complex financial cases involving business valuation and asset tracing in adultery divorce matters.
In Fauquier County, Law Offices Of SRIS, P.C. has 73 total documented case results across all practice areas with a 97% favorable outcome rate. Firm-wide, the firm has 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 Fairfax Location serves clients at Fauquier County courts (6 Court Street, Warrenton, VA 20186). The Fairfax location is approximately 25 miles from the Fauquier County courthouse, accessible via I-66 and Route 29.
Near me: Adultery Divorce Lawyer Fauquier County near Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Neighborhoods served: Warrenton, New Baltimore, Bealeton, Marshall, The Plains.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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By appointment only.
Can I get a divorce in Virginia based on adultery without waiting?
Yes. Virginia allows immediate filing for divorce on adultery grounds with no separation period under Va. Code § 20-91(1).
You must prove adultery by a preponderance of the evidence. Corroborating evidence such as text messages, credit card statements, or witness testimony is required. Fauquier County Circuit Court handles these filings at 6 Court Street, Warrenton, VA 20186.
Does adultery affect property division in Fauquier County?
Yes. Adultery is one of 11 factors the court considers under Va. Code § 20-107.3 when dividing marital property.
The court may award a larger share of marital assets to the innocent spouse. Mr. Sris personally amended this statute. Fauquier County Circuit Court applies these factors at the final hearing.
How long does an adultery divorce take in Fauquier County?
It depends. An uncontested adultery divorce can take 3-6 months from filing to final decree.
A contested adultery divorce with property division and custody issues can take 9-18 months. Pendente lite hearings for temporary support and custody are typically set within 21-60 days of motion filing.
What evidence do I need to prove adultery in Virginia?
You need corroborating evidence showing opportunity and inclination, such as text messages, emails, credit card statements, or witness testimony.
Direct evidence of sexual intercourse is not required. Circumstantial evidence is sufficient if it creates a clear inference of adultery. Private investigator reports are commonly used in Fauquier County cases.
Can adultery affect child custody in Fauquier County?
It depends. Adultery alone does not automatically affect custody, but it may if it impacts the child’s best interests.
The court considers 10 factors under Va. Code § 20-124.3, including each parent’s role and the child’s relationship with each parent. Adultery that exposes the child to harm or instability may be relevant. Fauquier County J&DR Court handles standalone custody cases.
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 adultery. Separate property (pre-marriage, inheritance, gifts) is excluded. Fauquier County Circuit Court handles all property division matters.
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.