A Fault Based Divorce Lawyer Loudoun County handles cases under Va. Code § 20-91 for adultery, cruelty, or desertion. Law Offices Of SRIS, P.C. has 158 documented case results in Loudoun County. Mr. Sris personally amended Virginia’s equitable distribution statute. Consultation by appointment.
Last verified: April 2026 | Loudoun County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law provides specific fault grounds for divorce lawyer Loudoun County clients can use. Under Va. Code § 20-91, fault-based divorce grounds include adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion for one year, and felony conviction with imprisonment for one year or more. An at-fault divorce lawyer Loudoun County can file immediately for adultery without any separation period. For cruelty or desertion, you must prove the specific conduct occurred. The court considers fault when dividing marital property under Va. Code § 20-107.3, which Mr. Sris personally amended. Loudoun County Circuit Court at 18 East Market Street, Leesburg, VA 20176 handles all fault-based divorce filings.
Fault-based divorce differs from no-fault divorce in Virginia. No-fault requires a 6-month or 1-year separation period. Fault grounds allow immediate filing. An at-fault divorce lawyer Loudoun County can help you prove adultery, cruelty, or desertion to avoid the waiting period and potentially secure a more favorable property division outcome.
Review the official statute: Va. Code § 20-91 (Divorce grounds — official Virginia General Assembly). Court procedures are available at: Loudoun County General District Court (official Virginia Courts website).
Loudoun County Circuit Court requires specific evidence for fault-based divorce. Adultery cases need direct or circumstantial proof. Cruelty cases require medical records or police reports. Desertion cases need proof of one year of continuous separation without consent.
- Gather evidence of the fault ground (photos, messages, financial records).
- File a complaint for divorce at Loudoun County Circuit Court.
- Serve your spouse with the divorce papers through the sheriff or process server.
- Attend the pendente lite hearing for temporary support and custody orders.
- Participate in discovery to exchange financial and fault-related evidence.
- Proceed to trial or negotiate a settlement based on the fault ground.
In Loudoun County, fault-based divorce carries no criminal penalty but affects property division, spousal support, and attorney fee awards under Va. Code § 20-107.3.
| Fault Ground | Waiting Period | Impact on Property Division | Impact on Spousal Support | Evidence Required | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | None | Court may award more marital property to innocent spouse | Bar to spousal support for adulterous spouse | Direct or circumstantial proof | May affect custody if children exposed |
| Cruelty | None | Court considers fault in equitable distribution | May reduce or deny support to abusive spouse | Medical records, police reports, witness testimony | Protective order possible |
| Desertion | 1 year | Fault considered in property division | May affect support award | Proof of abandonment for 1 year | Must show no consent to separation |
| Felony Conviction | 1+ year imprisonment | Fault considered | May affect support | Certified conviction record | Must show conviction after marriage |
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 firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute. This amendment directly impacts how fault grounds affect property division in Loudoun County divorce cases. The firm’s 93%+ favorable outcome rate reflects its commitment to client advocacy.
Mr. Sris, the firm’s founder, also handles family law cases in Loudoun County. He personally amended Va. Code § 20-107.3 and has extensive experience with fault-based divorce litigation.
In Loudoun County, Law Offices Of SRIS, P.C. has 158 total documented case results across all practice areas with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Results may vary. Prior results do not guarantee a similar outcome.
Our Ashburn location is near Loudoun County Circuit Court at 18 East Market Street, Leesburg, VA 20176, accessible via the Dulles Greenway and Route 7. We serve as a Fault Based Divorce Lawyer Loudoun County for clients near the Loudoun County Courthouse area.
Neighborhoods served: Ashburn, Leesburg, Sterling, Purcellville, South Riding, Brambleton, Aldie, Hamilton, Lovettsville, Middleburg, Round Hill.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: 571-279-0110 — meetings by appointment only.
By appointment only.
How long does a fault-based divorce take in Loudoun County?
It depends. Adultery cases can proceed immediately with no waiting period. Cruelty cases also have no waiting period. Desertion requires one year of separation. From filing to final decree: 2-4 months uncontested, 9-18 months contested.
Can I get a divorce for adultery in Loudoun County without waiting?
Yes. Adultery is a fault ground under Va. Code § 20-91 with no separation period required. You must prove the adultery occurred. Corroborating evidence is typically required. Loudoun County Circuit Court handles these cases.
What evidence do I need for a cruelty divorce in Loudoun County?
You need proof of reasonable apprehension of bodily harm. Medical records, police reports, photographs of injuries, and witness testimony are common evidence types. The cruelty must be proven by a preponderance of the evidence.
Does fault affect property division in Loudoun County?
Yes. Virginia is an equitable distribution state under Va. Code § 20-107.3. The court considers marital fault when dividing property. An adulterous or abusive spouse may receive a smaller share of marital assets. Mr. Sris personally amended this statute.
Can I get spousal support if I committed adultery in Loudoun County?
No. Under Virginia law, adultery is a bar to spousal support for the adulterous spouse. The innocent spouse can still receive support. Other fault grounds like cruelty or desertion may reduce but not completely bar support.
What is the filing fee for a fault-based divorce in Loudoun County?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs about $12. Private process server fees range from $50 to $100. Additional costs apply for pendente lite motions and Guardian ad Litem.
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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 current guidance.