Fault Based Divorce Lawyer Arlington County, VA

Virginia law recognizes both no-fault and fault based grounds for divorce. In Arlington County, a fault based divorce proceeds under Va. Code § 20-91, which enumerates specific marital misconduct that allows a spouse to file for divorce without the mandatory separation period required in no-fault cases. Fault grounds in Virginia include adultery, cruelty that creates a reasonable apprehension of bodily harm, willful desertion or abandonment for one year, and conviction of a felony resulting in confinement for more than one year. A fault based divorce is filed in the Arlington County Circuit Court, located at 1425 N. Courthouse Road, Suite 2400, Arlington, VA 22201, which holds exclusive original jurisdiction over divorce matters in the Seventeenth Judicial District. Proving fault can affect property distribution, spousal support determinations, and the timeline of the divorce itself. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., represents clients in fault based divorce proceedings in Arlington County and throughout Northern Virginia. Reach the firm at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

What Fault Based Divorce Means in Arlington County

Arlington County, an urban jurisdiction adjacent to Washington, D.C., processes fault based divorce matters through the Arlington County Circuit Court. The Circuit Court serves the Seventeenth Judicial District and handles all divorce filings, equitable distribution of marital property, and spousal support determinations. Matters involving child custody, visitation, and child support that arise during a divorce are also addressed by the Circuit Court, although standalone custody and support petitions may be heard in the Arlington County Juvenile and Domestic Relations District Court.

In a fault based divorce, the spouse alleging fault bears the burden of proving the ground by a preponderance of the evidence. Unlike a no-fault divorce, which requires either a six-month separation with a signed separation agreement and no minor children, or a one-year separation, a fault based divorce may proceed without any waiting period once the ground is established. The most commonly asserted fault ground in Virginia is adultery under Va. Code § 20-91(1). Adultery requires clear and convincing evidence, which is a higher standard than the preponderance standard applicable to other fault grounds. Corroboration of the alleged misconduct is typically necessary, as Virginia law does not permit a divorce to be granted solely on the uncorroborated testimony of the parties.

Arlington County’s proximity to the District of Columbia means that many residents work in federal government, military, or private-sector positions with complex compensation structures. When a fault based divorce involves federal retirement accounts, security clearances, or military benefits, the property division analysis under Virginia’s equitable distribution statute, Va. Code § 20-107.3, requires careful attention to the classification and valuation of these assets. The firm’s Arlington location, at 1655 Fort Myer Drive, Suite 700, Room 719, is by appointment only and serves clients throughout Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington.

How Mr. Sris and His Of Counsel Handle Fault Based Divorce Cases

Mr. Sris and his Of Counsel approach fault based divorce cases with an emphasis on thorough factual development and strategic pleading. Because fault grounds can significantly influence property division and spousal support, the initial stage of representation focuses on gathering admissible evidence to support or defend against the alleged fault. This may include documentary records, electronic communications, financial statements, and testimony from individuals with relevant knowledge of the circumstances.

Once the evidence is evaluated, Mr. Sris and his Of Counsel work to position the case for resolution, whether through negotiation of a comprehensive settlement agreement or through litigation in the Arlington County Circuit Court. Virginia is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally. A finding of fault can affect the court’s analysis of the statutory factors under Va. Code § 20-107.3, particularly those relating to the circumstances that contributed to the dissolution of the marriage. Mr. Sris, a former prosecutor, brings experience in evaluating evidence and presenting cases in court to fault based divorce matters. The Of Counsel team includes attorneys with backgrounds in family law, litigation, and related practice areas, providing clients with a broad base of experience.

The procedural path in a fault based divorce in Arlington County begins with the filing of a Complaint in the Circuit Court. After service of process on the opposing party, the case proceeds through discovery, potential pendente lite motions for temporary relief, and, if necessary, a trial on the merits. Throughout this process, Mr. Sris and his Of Counsel work to protect the client’s interests while pursuing a resolution that addresses the financial and personal dimensions of the divorce. Results may vary.

About Mr. Sris and His Of Counsel Team

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and serves as its Owner and Founder. A former prosecutor, he is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background includes testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised aspects of Virginia’s equitable distribution statute. Mr. Sris concentrates his practice on family law matters including fault based divorce, contested divorce, equitable distribution, and related proceedings.

Mr. Sris is supported by a team of Of Counsel attorneys who bring experience across family law, litigation, and related disciplines. Each Of Counsel attorney is an independent practitioner engaged through Excella, working collaboratively with Mr. Sris on client matters. The team includes attorneys admitted in Virginia courts who appear regularly in Arlington County Circuit Court and the Arlington County Juvenile and Domestic Relations District Court. Together, Mr. Sris and his Of Counsel provide clients with representation informed by decades of collective courtroom experience. The firm serves clients in Arlington County and throughout Northern Virginia from its Arlington location, with consultations available by appointment at (888) 437-7747.

Frequently Asked Questions

What are the fault grounds for divorce in Virginia?

Virginia recognizes four fault grounds for divorce under Va. Code § 20-91: adultery, cruelty causing reasonable apprehension of bodily harm, willful desertion or abandonment for one year, and conviction of a felony resulting in confinement for more than one year. Adultery is the most frequently asserted fault ground and requires clear and convincing evidence, a higher standard than the preponderance standard applied to other grounds. Cruelty must be more than verbal disagreements and must create a reasonable fear of physical harm. Desertion requires proof that one spouse left the marital home without justification and without the consent of the other spouse. Unlike a no-fault divorce, fault grounds do not require a mandatory separation period before filing. The Arlington County Circuit Court has exclusive jurisdiction over divorce filings in Arlington County. For case-specific guidance, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How does proving fault affect property division in Arlington County?

Under Virginia’s equitable distribution statute, Va. Code § 20-107.3, a finding of marital fault can influence how the court divides marital property and whether spousal support is awarded. The statute lists eleven factors the court must consider, including the circumstances that contributed to the dissolution of the marriage. A fault finding related to adultery, cruelty, or desertion may weigh against the at-fault spouse in the distribution analysis. However, Virginia is not a community property state, and fault does not automatically bar a spouse from receiving a share of marital assets. The court retains broad discretion to fashion an equitable division based on the totality of the evidence. Separate property, such as assets acquired before marriage or through inheritance, is generally not subject to division regardless of fault. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Do I need a lawyer for a fault based divorce in Arlington County?

Virginia law does not require a spouse to hire a lawyer to file for divorce, but fault based divorces present evidentiary and procedural challenges that make legal representation advisable. Proving fault requires admissible evidence, corroborating testimony, and compliance with the Virginia Rules of Evidence and the local rules of the Arlington County Circuit Court. Procedural missteps can delay the case or result in the dismissal of a fault ground. Additionally, the consequences of a fault finding on property division, spousal support, and even child custody determinations can be substantial. An experienced attorney can evaluate the strength of the evidence, identify the most appropriate ground, and present the case effectively. Mr. Sris and his Of Counsel represent clients in fault based divorce proceedings in Arlington County. For a consultation, reach the firm at (888) 437-7747.

What is the difference between fault based and no-fault divorce in Virginia?

The primary difference is that a fault based divorce does not require a separation period, while a no-fault divorce requires either six months of separation with a signed agreement and no minor children, or one year of separation under Va. Code § 20-91(9). A fault based divorce allows a spouse to file immediately upon discovering the fault ground, such as adultery, without waiting for a separation period to elapse. This can accelerate the divorce timeline and may provide strategic advantages in cases involving dissipation of marital assets or urgent financial concerns. However, fault must be proven with admissible evidence, which can involve contested hearings and additional legal expense. No-fault divorce, by contrast, does not require proof of misconduct but mandates the passage of time. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What should I bring to a consultation about a fault based divorce?

Individuals consulting about a fault based divorce should bring any documentation relevant to the marriage, the alleged fault, and the marital finances. Helpful documents include marriage certificates, any prior separation agreements, financial records such as tax returns, bank statements, retirement account statements, and property deeds. If the fault ground involves adultery, cruelty, or desertion, any communications, photographs, or other evidence supporting the claim should be gathered. A list of assets and debts acquired during the marriage, as well as separate property owned before the marriage, assists in the property division analysis. Information about children of the marriage, including their ages and current living arrangements, is also useful. Mr. Sris and his Of Counsel review these materials during an initial consultation to assess the strengths and challenges of the case. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation.

How long does a fault based divorce take in Arlington County?

The timeline for a fault based divorce in Arlington County varies depending on whether the fault ground is contested, the complexity of the marital estate, and the court’s docket. Unlike a no-fault divorce, which requires a statutory separation period before filing, a fault based divorce may be initiated as soon as the ground is discovered. If the parties reach an agreement on all issues including property division and support, the case may resolve more quickly. Contested fault cases that proceed to trial generally take longer due to discovery, motions practice, and court scheduling at the Arlington County Circuit Court. The court’s calendar, the availability of witnesses, and the volume of evidence all contribute to the overall timeline. Cases involving business valuation, retirement asset division, or international elements may extend further. For a consultation about your matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Related Practice Areas

In addition to Arlington County, Mr. Sris and his Of Counsel represent clients in family law matters across Northern Virginia. Learn more about our family law practice in neighboring jurisdictions:

Virginia Legal Resources

The following official resources provide additional information about Virginia divorce law and the Arlington County court system:

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