In Arlington County, a Fault Based Divorce Lawyer Arlington County can file under Va. Code § 20-91 for adultery (no waiting period), cruelty, desertion (1 year), or felony conviction (1+ year imprisonment). Law Offices Of SRIS, P.C. has 115 documented case results in Arlington County. Mr. Sris personally amended Va. Code § 20-107.3.
Last verified: April 2026 | Arlington County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law provides specific fault grounds for divorce under Va. Code § 20-91. Unlike no-fault divorce requiring separation, fault-based divorce allows immediate filing in certain circumstances. Adultery requires proof of opportunity and inclination. Cruelty requires evidence of reasonable apprehension of bodily harm. Desertion requires one year of willful abandonment. Felony conviction requires imprisonment for one year or more. Arlington County Circuit Court at 1425 N. Courthouse Rd handles all fault-based divorce filings. The court applies Va. Code § 20-107.3 for equitable distribution in fault cases. Mr. Sris personally amended this equitable distribution statute, giving the firm unique insight into its application.
Fault-based divorce under Va. Code § 20-91 provides an alternative path when spouses cannot or will not meet separation requirements. Adultery is the only fault ground with no waiting period. Cruelty requires showing the spouse’s conduct made continued cohabitation unsafe. Desertion requires proof of intent to permanently abandon the marriage. Felony conviction requires the spouse’s incarceration for at least one year. Each ground has distinct evidentiary requirements that a Fault Based Divorce Lawyer Arlington County must carefully document.
Review the official statutes: Va. Code § 20-91 (divorce grounds) and Arlington County General District Court website.
Arlington County Circuit Court requires corroborating witnesses for fault-based divorce hearings. The court expects specific evidence: for adultery, hotel records, credit card statements, or witness testimony; for cruelty, medical records, police reports, or photographs; for desertion, proof of separate residences and lack of support. The court schedules fault-based hearings faster than contested no-fault cases because no separation period is required.
- Gather all evidence supporting your fault ground: texts, emails, photos, financial records, witness statements.
- File a complaint for divorce at Arlington County Circuit Court, 1425 N. Courthouse Rd, Suite 2400.
- Pay the filing fee (approximately $86) and arrange service of process on your spouse.
- Attend the pendente lite hearing (typically within 21-60 days) for temporary support and custody orders.
- Participate in discovery, including depositions and document requests to prove fault grounds.
- Present your case at trial or negotiate a settlement based on the strength of your fault evidence.
In Arlington County, fault-based divorce under Va. Code § 20-91 affects property division, spousal support, and attorney fee awards.
| Fault Ground | Waiting Period | Evidence Required | Impact on Equitable Distribution | Impact on Spousal Support | Attorney Fee Award |
|---|---|---|---|---|---|
| Adultery | None | Opportunity + inclination | Court may award more to innocent spouse | Bar to support for adulterous spouse | Possible for innocent spouse |
| Cruelty | None | Reasonable apprehension of harm | May affect division | May increase support | Possible |
| Desertion | 1 year | Willful abandonment | May affect division | May increase support | Possible |
| Felony Conviction | 1+ year imprisonment | Conviction + incarceration | May affect division | May increase support | Possible |
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 across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a rare achievement that demonstrates deep legislative knowledge. The firm has 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. In Arlington County, the firm has 115 total documented case results across all practice areas with a 100% favorable outcome rate. Samantha Rae Powers, Of Counsel, brings 18+ years of legal experience and a Ph.D. in Communication from UC Santa Barbara, providing unique negotiation skills for complex family law matters.
Mr. Sris, firm founder and managing attorney, also handles Arlington County family law cases. He is a former prosecutor admitted to the VA, MD, DC, NJ, and NY bars. His personal amendment of Va. Code § 20-107.3 provides unparalleled insight into Virginia’s equitable distribution framework.
In Arlington County, Law Offices Of SRIS, P.C. has 115 total documented case results across all practice areas with a 100% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate. These results include dismissals, not guilty verdicts, and favorable settlements in family law matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our Arlington Location is located near the Arlington County courts at 1425 N. Courthouse Rd, accessible via I-395 and Route 50. A Fault Based Divorce Lawyer Arlington County near the Courthouse area can help you file your case efficiently. We serve Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Q: Can I file for fault-based divorce immediately in Arlington County?
Yes, for adultery there is no waiting period. For cruelty, you can file immediately if you have evidence of reasonable apprehension of bodily harm. Desertion requires one year of abandonment. Felony conviction requires one year of imprisonment. A Fault Based Divorce Lawyer Arlington County can evaluate your specific situation.
Q: How does adultery affect property division in Arlington County?
It depends. Virginia is an equitable distribution state under Va. Code § 20-107.3. Adultery does not automatically change the 50/50 split, but the court may consider marital waste — money spent on the affair — when dividing assets. Mr. Sris personally amended this statute.
Q: What evidence do I need for a cruelty divorce in Arlington County?
You need evidence showing reasonable apprehension of bodily harm. This includes medical records, police reports, photographs of injuries, threatening text messages or emails, and witness testimony. The court requires clear and convincing evidence, not just your testimony alone.
Q: How long does a fault-based divorce take in Arlington County Circuit Court?
Fault-based divorces can be faster than contested no-fault cases because no separation period is required. Uncontested fault divorces: 2-4 months from filing. Contested fault divorces: 9-18 months. Complex cases with business valuation or retirement assets: 12-24 months.
Q: Can I get spousal support if I prove fault in Arlington County?
Yes, but it depends on the fault ground. If your spouse committed adultery, Virginia law bars that spouse from receiving spousal support. For cruelty, desertion, or felony conviction, the court considers fault as one of 13 factors under Va. Code § 20-107.1 when determining support.
Q: Is mediation required for fault-based divorce in Arlington County?
No, mediation is not mandatory in Virginia for fault-based divorce. However, the court may order mediation for custody or property issues. Many couples choose mediation to avoid the cost and stress of trial. Mediation costs $100-$300 per hour per party in Arlington County.
Related pages: Virginia Family Law Lawyer | Alexandria Family Law Lawyer | Arlington Criminal Defense Lawyer | Arlington DUI Lawyer
Attorney profile: Bryan Block | Location: Arlington Office
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.