In Henrico County, adultery is a fault ground for divorce under Va. Code § 20-91 with no waiting period. Law Offices Of SRIS, P.C. has 21 documented case results in Henrico County. An Adultery Divorce Lawyer Henrico County can help you protect your rights and pursue a fair outcome.
Last verified: April 2026 | Henrico County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Statutory Definition of 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. It is a fault-based 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 for divorce immediately with no waiting period. However, the court requires clear and convincing evidence of the adulterous relationship. Direct proof is not always necessary; circumstantial evidence showing opportunity and inclination may suffice. The party alleging adultery bears the burden of proof. If proven, adultery can affect spousal support, property division, and custody determinations. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, the equitable distribution statute, giving him unique insight into how adultery impacts financial outcomes in divorce.
External Citation Links
- Va. Code § 20-91 (official Virginia General Assembly) — Adultery divorce grounds statute
- Henrico County General District Court (official court website)
Insider Procedural Edge for Henrico County Adultery Divorce Cases
Henrico County Circuit Court handles all divorce cases, including those based on adultery. The court requires corroborating evidence beyond the spouse’s admission. Private investigators, financial records, and digital evidence are commonly used. The court evaluates whether the adultery caused dissipation of marital assets.
- Gather evidence of the adulterous relationship (photos, texts, financial records, witness statements).
- File a complaint for divorce based on adultery at Henrico County Circuit Court (4301 East Parham Road).
- Serve the complaint on your spouse through the sheriff or a private process server.
- Attend the pendente lite hearing if temporary support or custody is needed (typically within 21-60 days).
- Participate in discovery, including depositions and document requests regarding the adultery.
- Proceed to trial or negotiate a settlement based on the strength of the adultery evidence.
Penalty Table for Adultery Divorce in Henrico County
In Henrico County, adultery as a fault ground for divorce carries no criminal penalty but significantly impacts spousal support, property division, and custody outcomes.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (Divorce Ground) | Fault Ground | None | None | None | Spousal support may be barred or reduced; equitable distribution may be affected; custody may be impacted if the adultery harmed the children |
Results may vary. Prior results do not guarantee a similar outcome.
E-E-A-T Authority Block
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 has documented 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, giving him unparalleled authority in family law matters involving adultery and property division. The firm’s tagline is “Advocacy Without Borders.”
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results in Henrico County
Law Offices Of SRIS, P.C. has 21 total documented case results across all practice areas in Henrico County, with a 100% favorable outcome rate. These results include dismissals, reductions, and favorable settlements in family law, criminal defense, and traffic matters.
Results may vary. Prior results do not guarantee a similar outcome.
Local Pack Trigger Block
Our Richmond location serves clients at Henrico County courts (4301 East Parham Road), accessible via I-64, I-95, and I-295. If you need an Adultery Divorce Lawyer Henrico County near Short Pump Town Center or Innsbrook Corporate Center, we are here to help. We serve Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville (partial).
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
7400 Beaufont Springs Dr, Ste 300, Rm 395, Richmond, VA 23225
By appointment only.
Frequently Asked Questions About Adultery Divorce in Henrico County
How long does a divorce based on adultery take in Henrico County?
Yes, an adultery-based divorce can be finalized faster than a no-fault divorce because there is no waiting period. From filing to final decree, expect 2-4 months if uncontested, or 9-18 months if contested. Henrico County Circuit Court handles all divorce filings.
How much does an adultery divorce cost in Henrico County?
The Circuit Court filing fee for a divorce complaint is approximately $86. Additional costs include sheriff service of process ($12), private process server ($50-$100), and Guardian ad Litem fees ($500-$2,500+) if custody is disputed. Attorney fees vary based on case complexity.
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, which can reduce the offending spouse’s share. Mr. Sris personally amended this statute.
How is child custody decided when adultery is involved in Henrico County?
Custody is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors. Adultery alone does not automatically bar custody, but if the adultery exposed the child to harm or instability, it may be considered. Henrico County J&DR Court handles standalone custody cases.
What are the grounds for divorce in Virginia, including adultery?
No-fault grounds require a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children). Fault grounds include adultery (no waiting period), cruelty, desertion for 1 year, and felony conviction with 1+ year imprisonment. Adultery is the only ground with no waiting period.
Can I get spousal support if my spouse committed adultery in Henrico County?
It depends. Under Va. Code § 20-107.1, the court considers 13 factors for spousal support. Adultery by the supported spouse may bar or reduce support. Adultery by the paying spouse does not automatically increase support but may be considered in the overall equitable distribution analysis.
How is property divided when adultery is proven in Henrico County?
The court divides marital property equitably under Va. Code § 20-107.3. Adultery can be a factor if it caused dissipation of marital assets, such as spending money on the affair. The court may award a larger share of the remaining assets to the innocent spouse. Mr. Sris personally amended this statute.
Internal Links
- Virginia Divorce & Family Law Lawyer
- Chesterfield County Divorce Lawyer
- Hanover County Divorce Lawyer
- Henrico County Criminal Defense Lawyer
- Henrico County DUI/DWI Lawyer
- Richmond Office Location
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.