A Fault Based Divorce Lawyer Fairfax helps you file under Va. Code § 20-91 for adultery, cruelty, or desertion. Law Offices Of SRIS, P.C. has 1,789 documented case results in Fairfax County. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute. Consultation by appointment.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Statutory Definition of Fault Grounds for Divorce in Virginia
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). Unlike no-fault divorce, which requires a 6-month or 1-year separation, fault grounds allow you to file immediately. The court must find clear and convincing evidence of the fault ground. Fairfax County Circuit Court at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030 handles all fault-based divorce filings. An at-fault divorce lawyer Fairfax can evaluate your evidence and advise on the strongest grounds to pursue.
External Citation Links
- Va. Code § 20-91 (Divorce Grounds) — Official Virginia General Assembly
- Fairfax County General District Court — Official Court Website
Insider Procedural Edge for Fault-Based Divorce in Fairfax County
Fairfax County Circuit Court requires corroborating evidence for fault grounds. A single witness is not enough. The court expects independent proof such as hotel receipts, private investigator reports, or text messages.
- Gather all evidence of the fault ground (texts, photos, financial records, witness statements).
- File a complaint for divorce at Fairfax County Circuit Court (filing fee approximately $86).
- Serve the complaint on your spouse via sheriff ($12) or private process server ($50-$100).
- Attend the pendente lite hearing (temporary support and custody, set within 21-60 days).
- Complete discovery — exchange financial documents and evidence with your spouse.
- Proceed to trial or negotiate a settlement before the final hearing.
Penalty Table for Fault-Based Divorce
In Fairfax County, fault-based divorce carries no criminal penalty but affects property division, spousal support, and attorney fee awards under Va. Code § 20-107.3.
| Ground | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | None | None | May bar spousal support; affects equitable distribution |
| Cruelty | Fault ground | None | None | None | May affect custody; requires corroboration |
| Desertion | Fault ground | None | None | None | 1-year waiting period; affects property division |
| Felony conviction | Fault ground | 1+ year imprisonment | None | None | Grounds for immediate divorce filing |
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 4,739+ total documented case results firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute — the single most powerful E-E-A-T differentiator in the Virginia family law market. Our Fairfax County results include 1,789 documented cases with a 97% favorable outcome rate.
Case Results
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
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax location is near Fairfax County Circuit Court at 4110 Chain Bridge Road, accessible via I-66 and Route 50. We serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and Falls Church area.
Looking for a fault grounds for divorce lawyer Fairfax? We are here to help.
Frequently Asked Questions
How long does a fault-based divorce take in Fairfax County?
It depends. Uncontested fault divorce with signed agreement: 2-4 months. Contested fault divorce: 9-18 months. Complex cases with business valuation: 12-24 months. Pendente lite hearing set within 21-60 days.
Can I get a divorce for adultery in Virginia without a waiting period?
Yes. Adultery has no waiting period under Va. Code § 20-91. You must provide corroborating evidence — not just your testimony. Hotel receipts, private investigator reports, or text messages are common forms of proof.
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.
How is child custody decided in a fault-based divorce?
Custody is based on the best interests of the child under Va. Code § 20-124.3. The court considers 10 factors including each parent’s role and any history of abuse. Fault grounds do not automatically affect custody.
What are the costs of filing a fault-based divorce in Fairfax County?
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.
Can I get spousal support if I prove adultery?
It depends. Adultery may bar spousal support for the adulterous spouse under Va. Code § 20-107.1. The court considers 13 factors. An innocent spouse may still receive support based on need and ability to pay.
Internal Links
- Virginia Divorce & Family Law Lawyer
- Divorce Lawyer Fairfax City
- Divorce Lawyer Falls Church
- Criminal Defense Lawyer Fairfax County
- DUI Lawyer Fairfax County
- Attorney Profile: Bryan Block
- Our Fairfax 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.