A Fault Based Divorce Lawyer Albemarle County handles divorces under Va. Code § 20-91 for adultery, cruelty, desertion, or felony conviction. Law Offices Of SRIS, P.C. has 30 documented case results in Albemarle County. Mr. Sris personally amended Virginia’s equitable distribution statute. Call (888) 437-7747.
Last verified: April 2026 | Albemarle County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law recognizes four fault grounds for divorce under Va. Code § 20-91: adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (abandonment for one year), and felony conviction (imprisonment for one year or more). A Fault Based Divorce Lawyer Albemarle County can help you prove these grounds in court. Unlike no-fault divorce, fault-based divorce does not require a separation period for adultery. The Albemarle County Circuit Court at 350 Park Street, Charlottesville, VA 22902 handles all divorce filings. Mr. Sris, founder of Law Offices Of SRIS, P.C. since 1997, personally amended Va. Code § 20-107.3 (equitable distribution statute), giving the firm unique insight into Virginia family law.
For the official statute governing fault grounds, see Va. Code § 20-91 (official Virginia General Assembly). For court procedures and filing information, visit the Albemarle County General District Court website.
Albemarle County Circuit Court requires specific evidence for fault grounds. Adultery cases need direct or circumstantial proof. Cruelty claims require documented incidents. Desertion demands proof of one year of continuous abandonment. Felony conviction grounds need certified conviction records.
- Step 1: Consult with a Fault Based Divorce Lawyer Albemarle County to evaluate your grounds and evidence.
- Step 2: Gather documentation — text messages, emails, financial records, witness statements, or police reports.
- Step 3: File a complaint for divorce at Albemarle County Circuit Court (filing fee approximately $86).
- Step 4: Serve the defendant via sheriff ($12) or private process server ($50-$100).
- Step 5: Attend pendente lite hearing (21-60 days after motion) for temporary support and custody.
- Step 6: Proceed to trial or settlement conference for final decree.
In Albemarle County, fault-based divorce carries no criminal penalty but affects property division, spousal support, and attorney fees under Va. Code § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | None | None | May affect spousal support and property division |
| Cruelty | Fault ground | None | None | None | Requires reasonable apprehension of bodily harm |
| Desertion | Fault ground | None | None | None | Requires one year continuous abandonment |
| Felony conviction | Fault ground | 1+ year imprisonment | None | None | Requires certified conviction records |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience and 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute governing property division in Virginia divorces. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, Owner & CEO and Managing Attorney, founded the firm in 1997. He is a former prosecutor who personally amended Va. Code § 20-107.3. He holds bar admissions in VA, MD, DC, NJ, and NY.
Law Offices Of SRIS, P.C. has 30 total documented case results across all practice areas in Albemarle County with a 100% favorable outcome rate. Results include a reckless driving charge (87/65) dismissed at Albemarle County GDC and a drive suspended charge amended to no drivers license.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location serves clients at Albemarle County courts (350 Park Street, Charlottesville, VA 22902), accessible via I-64, Route 29, Route 250, and Route 20. We serve the Charlottesville area, Crozet, Earlysville, Ivy, and North Garden. A Fault Based Divorce Lawyer Albemarle County near you is available 24/7.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
How long does a fault-based divorce take in Albemarle County?
It depends. Adultery cases with contested grounds: 9-18 months from filing to final decree. Uncontested fault divorce with signed separation agreement: 2-4 months. Pendente lite hearing for temporary support: typically set within 21-60 days of motion. Albemarle County Circuit Court handles all divorce matters.
What are the fault grounds for divorce in Virginia?
Yes. Virginia recognizes four fault grounds under Va. Code § 20-91: adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (one year continuous abandonment), and felony conviction (one year or more imprisonment). A Fault Based Divorce Lawyer Albemarle County can explain each ground.
Is Virginia a community property state?
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 (personally amended by Mr. Sris). Albemarle County Circuit Court handles all property division.
How is child custody decided in Albemarle County?
It depends. Custody is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Albemarle County J&DR Court handles standalone custody matters.
How much does a fault-based divorce cost in Albemarle County?
It depends. Circuit Court filing fee: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Guardian ad Litem for custody: typically $500-$2,500+. Mediation: $100-$300/hour per party. An at-fault divorce lawyer Albemarle County can provide a fee estimate.
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.