Fault Based Divorce Lawyer Hanover County — What Are Your Legal Grounds?
A Fault Based Divorce Lawyer Hanover County can help you file under Va. Code § 20-91 for adultery, cruelty, or desertion. Law Offices Of SRIS, P.C. has 19 documented case results in Hanover County. Mr. Sris personally amended Virginia’s equitable distribution statute. Consultation by appointment.
Last verified: April 2026 | Hanover County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law recognizes specific fault grounds for divorce. Under Va. Code § 20-91, you may file for divorce based on adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (one year), or felony conviction (one year imprisonment). Unlike no-fault divorce requiring a 6-month or 1-year separation, fault-based divorce allows immediate filing in certain circumstances. An at-fault divorce lawyer Hanover County can evaluate which grounds apply to your situation. The court considers fault when dividing marital property and awarding spousal support under Va. Code § 20-107.3, which Mr. Sris personally amended. Hanover County Circuit Court at 7507 Library Drive handles all divorce filings.
Review the official statutes: Va. Code § 20-91 (divorce grounds) and Hanover County General District Court website. These sources provide the legal framework for fault-based divorce in Virginia.
In Hanover County Circuit Court, fault-based divorce requires corroborating evidence. For adultery, you need witness testimony or circumstantial proof. For cruelty, medical records or police reports strengthen your case. The court schedules pendente lite hearings within 21-60 days for temporary support and custody.
- Gather evidence of fault grounds (texts, photos, financial records, witness statements).
- File a verified complaint at Hanover 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 if temporary orders are needed.
- Participate in discovery and potential mediation.
- Proceed to trial or negotiate a settlement based on fault findings.
In Hanover County, fault-based divorce carries no criminal penalties but affects property division, spousal support, and attorney fee awards under Va. Code § 20-107.3.
| Ground | Classification | Waiting Period | Evidence Required | Impact on Property | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Witness or circumstantial | May reduce spousal support | No-fault option unavailable |
| Cruelty | Fault ground | None | Medical/police records | May increase property award | Protective order possible |
| Desertion | Fault ground | 1 year | Proof of abandonment | May affect support | Reconciliation bars claim |
| Felony conviction | Fault ground | 1 year imprisonment | Conviction records | May favor innocent spouse | Incarceration affects custody |
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 and 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, giving your Fault Based Divorce Lawyer Hanover County unique insight into property division law. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, Owner & CEO, Managing Attorney, also handles complex family law matters. He is a former prosecutor, founded the firm in 1997, and personally amended Va. Code § 20-107.3. Bar admissions: VA, MD, DC, NJ, NY.
Law Offices Of SRIS, P.C. has 19 total documented case results across all practice areas in Hanover County with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location serves clients at Hanover County courts (7507 Library Drive), accessible via I-95, I-295, Route 1, Route 301, and Route 33. A Fault Based Divorce Lawyer Hanover County near Mechanicsville, Ashland, Atlee, Beaverdam, and Doswell.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
What are the fault grounds for divorce in Virginia?
Yes, Virginia recognizes four fault grounds: adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (one year), and felony conviction (one year imprisonment). These grounds are codified in Va. Code § 20-91. A Fault Based Divorce Lawyer Hanover County can help you file immediately for adultery or cruelty without the 6-month separation required for no-fault divorce.
How long does a fault-based divorce take in Hanover County?
It depends. An uncontested fault-based divorce with signed agreement: 2-4 months. A contested fault-based divorce: 9-18 months. Complex cases with business valuation or retirement assets: 12-24 months. Pendente lite hearings for temporary support and custody typically set within 21-60 days of motion filing at Hanover County Circuit Court.
Does adultery affect property division in Virginia?
Yes. Virginia is an equitable distribution state under Va. Code § 20-107.3, which Mr. Sris personally amended. The court considers fault when dividing marital property. Adultery may reduce or eliminate spousal support awards. Separate property (pre-marriage, inheritance, gifts) remains excluded from division regardless of fault.
How much does a fault-based divorce cost in Hanover County?
Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Pendente lite motion: additional court costs. Guardian ad Litem for custody: typically $500-$2,500+. Mediation: $100-$300/hour per party. Attorney fees vary based on case complexity.
Can I file for divorce based on cruelty in Hanover County?
Yes. Cruelty under Va. Code § 20-91 requires reasonable apprehension of bodily harm. You need corroborating evidence such as medical records, police reports, or witness testimony. Hanover County Circuit Court handles these filings. A Fault Based Divorce Lawyer Hanover County can evaluate your evidence and advise on the likelihood of success.
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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.