Adultery Divorce Lawyer in Bedford County, Virginia — What Are Your Options?
Adultery is a fault-based ground for divorce in Virginia under Va. Code § 20-91, requiring clear proof and carrying significant legal consequences. An experienced adultery divorce lawyer Bedford County can protect your rights in property division and support matters. Law Offices Of SRIS, P.C. has 31 documented case results in Bedford County. Our firm provides full representation for fault-based divorces.
Virginia Law on Adultery as a Ground for Divorce
Virginia law permits divorce on the fault ground of adultery, defined as voluntary sexual intercourse between a married person and someone other than their spouse. Unlike a no-fault divorce based on separation, an adultery divorce has no mandatory waiting period. The statute requires clear and convincing evidence of the act. The accusing spouse (the plaintiff) bears the burden of proof. If proven, adultery can affect the court’s decisions on spousal support, equitable distribution of marital property, and child custody. The Bedford County Circuit Court hears all divorce cases, including those based on infidelity.
Last verified: April 2026 | Bedford County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, see Va. Code § 20-91 (official Virginia General Assembly). Court procedures and forms are available at the Bedford County General District Court website.
Procedural Edge for an Adultery Divorce Case in Bedford County
An adultery divorce lawyer Bedford County must handle specific local procedures. Bedford County Circuit Court handles all divorce, equitable distribution, and spousal support matters. Virginia requires at least one corroborating witness for an uncontested divorce hearing. For a fault-based case, gathering admissible evidence is critical. A property settlement agreement signed by both parties can resolve all issues without a public trial on the adultery allegation.
- Consult with an Attorney: Discuss the evidence, potential defenses, and the strategic value of filing a fault-based versus no-fault divorce.
- Gather and Preserve Evidence: Work with your lawyer to collect admissible proof, which may include communications, witness statements, or other documentation.
- File the Complaint: Your lawyer will file a Complaint for Divorce citing adultery as the ground at the Bedford County Circuit Court clerk’s office.
- Serve the Defendant: The other spouse must be formally served with the divorce papers, giving them an opportunity to respond.
- Negotiate or Litigate: Attempt to reach a settlement on all related issues (property, support, custody). If no agreement is possible, the case proceeds to a contested hearing.
- Present the Case: At a hearing, your attorney will present the evidence of adultery and argue for its impact on the final divorce decree.
Potential Consequences and Considerations
In Bedford County, a proven adultery divorce can impact spousal support awards and the equitable division of marital assets under Virginia law.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Bedford County Adultery Divorce
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our attorneys have over 120 years of combined legal experience and a track record of 4,739+ case results firm-wide. For Virginia family law matters, our unique authority is anchored by Mr. Sris’s personal amendment to Virginia’s equitable distribution statute, Va. Code § 20-107.3. This deep legislative experience informs our strategic approach to complex divorce cases, including those involving infidelity divorce grounds in Bedford County.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Documented Case Results in Bedford County
Our firm has 31 total documented case results across all practice areas in Bedford County with a 100% favorable outcome rate. These results include favorable dispositions in various courts. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex family law matters, leveraging his experience amending Virginia’s equitable distribution law.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Adultery Divorce Lawyer Serving Bedford County
Our Shenandoah/Woodstock location serves clients with Bedford County court matters. We are accessible via Route 460, Route 122, and other major highways near landmarks like the National D-Day Memorial and Smith Mountain Lake.
Adultery divorce lawyer near Bedford, Forest, and Smith Mountain Lake.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St #103, Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions: Adultery Divorce in Bedford County
Does adultery affect property division in a Virginia divorce?
Yes, it can. Under Va. Code § 20-107.3, a court may consider the circumstances and factors contributing to the dissolution, including adultery, when making an equitable (fair) distribution of marital property. It does not mandate a punitive split but can influence the judge’s discretion.
Can I get spousal support if my spouse committed adultery?
It depends. Adultery is a statutory bar to receiving spousal support in Virginia under Va. Code § 20-107.1. However, if the court finds that denying support would be a “manifest injustice,” considering the relative degrees of fault, it may still award support. Consulting a cheating spouse divorce lawyer Bedford County is crucial to argue this exception.
What evidence is needed to prove adultery in a Virginia divorce?
Clear and convincing evidence, which is a higher standard than a mere preponderance. This can include direct evidence like photographs or admissions, or circumstantial evidence such as hotel receipts, communications, and witness testimony that leads to a strong inference of the act. Hearsay is generally not admissible.
Is there a waiting period for an adultery divorce in Virginia?
No. Unlike a no-fault divorce based on separation (which requires a 6-month or 1-year wait), a divorce based on the fault ground of adultery can be filed immediately upon discovering the infidelity, provided you have the requisite evidence.
Can adultery impact child custody decisions?
It can, but not automatically. The primary standard is the child’s best interests under Va. Code § 20-124.3. The court will consider whether the adulterous conduct directly harmed the child or impaired the parent’s ability to care for the child. An isolated act may have less impact than a pattern of behavior that creates an unstable environment.
Internal Resources
For more information, visit our Virginia Family Law hub page. We also assist with criminal defense in Bedford County and DUI defense in Bedford County. Learn more about our Shenandoah Valley office.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.