A Fault Based Divorce Lawyer Fairfax County from Law Offices Of SRIS, P.C. handles adultery, cruelty, and desertion claims under Va. Code § 20-91. With 1,789 documented case results in Fairfax County, we provide direct representation at the Fairfax County Circuit Court. Consultation by appointment.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law under Va. Code § 20-91 provides specific fault grounds for divorce. A Fault Based Divorce Lawyer Fairfax County handles claims including adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (one year), and felony conviction (one year imprisonment). Unlike no-fault divorce requiring 6-12 month separation, fault-based divorce allows immediate filing. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, giving the firm unique insight into how fault affects property division in Fairfax County Circuit Court.
For official court procedures, visit the Fairfax County General District Court website. The full statute is available at Va. Code § 20-91 (official Virginia General Assembly).
Fairfax County Circuit Court requires corroborating witnesses for fault-based divorce hearings. Your witness must have personal knowledge of the fault ground. The court schedules fault-based hearings faster than contested no-fault cases because no separation period applies.
- Gather evidence of the fault ground (photos, texts, financial records).
- Identify a corroborating witness who can testify from personal knowledge.
- File the complaint at Fairfax County Circuit Court, 4110 Chain Bridge Road.
- Serve the respondent with process through sheriff or private process server.
- Attend the hearing with your witness prepared to testify.
- Obtain the final divorce decree with fault-based findings.
In Fairfax County, fault-based divorce under Va. Code § 20-91 carries no criminal penalties but affects property division and spousal support outcomes.
| Ground | Classification | Waiting Period | Evidence Required | Impact on Property | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Direct or circumstantial evidence | May reduce spousal support | No-fault alternative available |
| Cruelty | Fault ground | None | Reasonable apprehension of bodily harm | May increase property share | Protective order possible |
| Desertion | Fault ground | 1 year | Proof of abandonment | May affect support | Reconciliation bars claim |
| Felony conviction | Fault ground | 1 year imprisonment | Certified conviction record | May affect support | Incarceration limits participation |
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 120+ years of combined legal experience and 4,739+ total documented case results across all practice areas with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris (Managing Attorney) also handles family law cases in Fairfax County. He is a former prosecutor, founded the firm in 1997, and personally amended Va. Code § 20-107.3. His bar admissions include VA, MD, DC, NJ, and NY.
Law Offices Of SRIS, P.C. has 1,789 total documented case results across all practice areas in Fairfax County with a 97% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC, the firm has 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is near the Fairfax County courts at 4110 Chain Bridge Road, accessible via I-66 and Route 50. If you need a Fault Based Divorce Lawyer Fairfax County near the Fairfax County Courthouse, we serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and Falls Church. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
How long does a fault-based divorce take in Fairfax County?
Yes. Uncontested fault-based divorce with signed agreement: 2-4 months. Contested fault-based divorce: 9-18 months. Complex equitable distribution: 12-24 months. Pendente lite hearings set within 21-60 days.
How much does a fault-based divorce cost in Fairfax County?
It depends. Circuit Court filing fee: approximately $86. Sheriff service: $12. Private process server: $50-$100. Guardian ad Litem for custody: $500-$2,500+. Mediation: $100-$300/hour per party.
Is Virginia a community property state for fault-based divorce?
No. Virginia is an equitable distribution state. The court divides marital property fairly under Va. Code § 20-107.3, considering fault as one of 11 factors. Separate property is excluded.
How is child custody decided in a fault-based divorce in Fairfax County?
It depends. Custody is based on the child’s best interests under Va. Code § 20-124.3. Fault grounds like cruelty or adultery may affect custody if they demonstrate parental unfitness. J&DR Court handles standalone custody.
What are the fault grounds for divorce in Virginia?
Yes. Adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (1 year), and felony conviction (1+ year imprisonment). No-fault alternatives require 6-12 month separation.
Last verified: April 2026. Information updated as of 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.