Fault Based Divorce Lawyer Colonial Heights, VA
You came home early on a Tuesday and found a receipt in the passenger seat that did not belong to you. Or perhaps the marriage has been hollow for years—sharp words, cold silences, a door that closes harder than it needs to—and you have started to wonder whether the law recognizes what you are living through as something more than ordinary unhappiness. In Virginia, it does. The Commonwealth is one of a shrinking number of states that still permit a spouse to file for divorce on fault grounds, and those grounds can change how property is divided, whether spousal support is awarded, and how quickly the marriage can be dissolved. If you are considering a fault-based divorce in Colonial Heights, the attorneys at Law Offices Of SRIS, P.C. can help you understand your options under Virginia Code § 20-91 and guide your next steps. Reach our firm at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Fault-Based Divorce Means in Colonial Heights
A fault-based divorce in Virginia is one where the spouse seeking the divorce alleges that the other spouse committed a specific marital wrong recognized by statute. The grounds are set out in Va. Code § 20-91 and include adultery, cruelty or reasonable apprehension of bodily hurt, willful desertion or abandonment for one year, and conviction of a felony with imprisonment for more than one year. Unlike no-fault divorce—which requires a separation period of six months or one year depending on whether minor children are involved and whether the parties have signed a separation agreement—several fault grounds carry no mandatory waiting period. Adultery, for example, permits a court to grant the divorce without the parties having lived apart at all, provided the allegation is proved by clear and convincing evidence.
Colonial Heights divorce cases are heard in the Colonial Heights Circuit Court at 550 Boulevard, within the Twelfth Judicial District. The Circuit Court has exclusive original jurisdiction over divorce under Virginia Code § 20-96, meaning that even if related custody or support matters proceed in the Juvenile and Domestic Relations District Court, the divorce itself—and any equitable distribution of marital property—must be filed in Circuit Court. Mr. Sris and his Of Counsel appear regularly in the Colonial Heights courts and understand how fault allegations interact with the local procedural calendar and the evidentiary expectations of the bench.
Because fault can affect the financial architecture of a divorce, the decision to plead fault grounds is significant. Under Virginia Code § 20-107.3, the court considers the circumstances and factors that contributed to the dissolution of the marriage when dividing marital property and determining spousal support. A finding of adultery, cruelty, or desertion can influence those determinations in ways that materially affect the outcome. Our Richmond Location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, serves clients throughout the Colonial Heights area and the broader Twelfth Judicial District.
How Mr. Sris and His Of Counsel Approach Fault-Based Divorce
Fault-based cases require more than a strongly worded complaint. They require evidence—documentary, testimonial, and sometimes digital—that meets Virginia’s clear-and-convincing standard, particularly for adultery. Mr. Sris and his Of Counsel evaluate each case by first determining whether the fault ground can be proved with the evidence available, then assessing whether pursuing fault grounds is strategically warranted given the client’s goals for property division, spousal support, and the pace of resolution.
In many cases, fault grounds and no-fault grounds are pleaded in the alternative, preserving the client’s ability to proceed on no-fault separation if the fault evidence proves insufficient or if a negotiated settlement makes the fault allegation moot. The decision to file on fault grounds also carries practical implications: an adultery allegation, for instance, may escalate conflict in a way that makes negotiating custody or support more difficult. Mr. Sris and his Of Counsel work with each client to weigh these considerations before the complaint is filed, and throughout the litigation they remain focused on achieving the client’s objectives while navigating the procedural requirements of the Colonial Heights Circuit Court.
Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised the equitable distribution statute governing how retirement and pension assets are divided upon divorce. His familiarity with Virginia’s property-division framework informs the firm’s approach to fault-based cases, where the interplay between fault grounds and equitable distribution can be central to the outcome.
What to Expect When You File in Colonial Heights
Filing a fault-based divorce in Colonial Heights begins with the preparation and filing of a Complaint in the Circuit Court. Virginia requires that at least one party be a resident and domiciliary of the Commonwealth for at least six months before filing, under Virginia Code § 20-97. Once the complaint is filed and served on the other spouse, the case proceeds through the court’s docket. If the fault ground is contested, discovery, depositions, and potentially a trial on the merits may follow. If the parties reach a settlement—through a property settlement agreement, for example—the fault ground may become less central to the resolution, and the case may conclude on no-fault terms.
The timeline for resolution depends on the complexity of the marital estate, the degree of conflict between the parties, and the court’s calendar. Contested fault-based cases that go to trial on the merits take longer than cases where the parties settle after the initial pleadings. Mr. Sris and his Of Counsel can discuss the likely trajectory of your specific matter during a consultation. Contact our firm at (888) 437-7747 to schedule one.
How Fault Affects the Outcome
Virginia is an equitable distribution state, not a community property state. The court divides marital property fairly but not necessarily equally, weighing the factors enumerated in Virginia Code § 20-107.3. Among those factors are the circumstances that contributed to the dissolution of the marriage—the very conduct that forms the basis of a fault ground. A court that finds adultery, cruelty, or desertion may weigh that finding against the at-fault spouse when apportioning marital assets or when deciding whether to award spousal support. Adultery carries an additional consequence: under Virginia law, a spouse proved to have committed adultery is barred from receiving spousal support unless the court finds that a denial of support would constitute a manifest injustice based on clear and convincing evidence.
These are not automatic outcomes. The court has discretion, and the weight given to fault varies with the facts of each case and the overall equities between the parties. An experienced attorney can help you understand how the specific facts of your marriage and the evidence available are likely to be received by the court. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings an understanding of evidentiary burdens and courtroom procedure to every family law matter he handles. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised Virginia Code § 20-107.3, the Commonwealth’s equitable distribution statute. His Of Counsel team includes attorneys with extensive experience in Virginia family law, and together they have documented 4,739+ case results across all practice areas since 1997. Results may vary.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to fault-based divorce matters in Colonial Heights and throughout Virginia. Results may vary. The firm’s Richmond Location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, serves clients in Colonial Heights, Chesterfield County, and the surrounding communities of the Twelfth Judicial District.
Colonial Heights General District Court is currently presided over by Hon. Matthew Donald Nelson. Court hours: Mon-Fri 8:00AM-4:00PM. Counsel appearing on family law matters should plan filings accordingly.
Frequently Asked Questions About Fault-Based Divorce in Colonial Heights
What are the fault grounds for divorce in Virginia?
Virginia Code § 20-91 recognizes four fault grounds for divorce: adultery, cruelty or reasonable apprehension of bodily hurt, willful desertion or abandonment for one year, and conviction of a felony resulting in imprisonment for more than one year. Adultery is unique among these in that it carries no mandatory separation period—the divorce can be granted without the parties having lived apart at all—but it must be proved by clear and convincing evidence. Cruelty and desertion require a showing of specific conduct, and the desertion must have continued for a full year before filing. For guidance on whether your circumstances support a fault-based filing, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does proving fault affect property division in Colonial Heights?
Under Virginia Code § 20-107.3, the court considers the circumstances that contributed to the dissolution of the marriage when dividing marital property, and a finding of fault can influence how the court weighs the equitable distribution factors. Virginia is an equitable distribution state, meaning property is divided fairly but not necessarily equally. Fault is one of multiple factors the court weighs, and its impact varies with the facts of each case. Adultery carries additional consequences—a spouse found to have committed adultery is generally barred from receiving spousal support. To discuss how fault may affect the financial outcome of your divorce, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Do I need evidence to file a fault-based divorce?
Yes. Fault grounds must be proved by evidence presented to the court, and for adultery the standard is clear and convincing evidence—higher than the preponderance standard that applies in most civil matters. Evidence may include testimony, documents, electronic communications, financial records, or admissions by the other spouse. Mr. Sris and his Of Counsel evaluate the available evidence before filing to determine whether the fault ground can be sustained and whether pursuing it aligns with the client’s broader objectives. For a consultation about the evidence in your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How long does a fault-based divorce take in Colonial Heights?
The timeline depends on whether the fault ground is contested, the complexity of the marital estate, and the court’s calendar in the Colonial Heights Circuit Court. Adultery cases, which carry no mandatory separation period, can sometimes proceed more quickly than no-fault cases if the evidence is clear and the matter is uncontested. Contested fault cases that go to trial take longer. Mr. Sris and his Of Counsel can discuss the likely timeline for your specific circumstances during a consultation. Reach our firm at (888) 437-7747 to schedule one.
Can fault grounds affect child custody in Virginia?
Custody in Virginia is determined by the best interests of the child under Virginia Code § 20-124.3, not by marital fault standing alone. The court considers ten statutory factors, including each parent’s relationship with the child and any history of family abuse. While adultery or cruelty may be relevant if the conduct affected the child or the home environment, fault grounds do not automatically determine custody. The Colonial Heights Juvenile and Domestic Relations District Court handles standalone custody matters, while custody within a divorce is decided by the Circuit Court. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What should I bring to a consultation about a fault-based divorce?
Bring any documents that relate to the fault ground you intend to allege, along with financial records, tax returns, and information about marital assets and debts. If you have evidence of adultery—communications, receipts, photographs, or witness information—bring those as well. A list of questions about the process and your objectives for property division, support, and custody helps ensure the consultation addresses what matters most to you. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Related Family Law Resources: Fairfax County Family Law · Prince William County Family Law · Fredericksburg Family Law · For a comprehensive statutory breakdown of Virginia divorce grounds, see our full analysis at srislawyer.com.
Virginia Primary Sources: Virginia Code Title 20 (Domestic Relations) · Virginia Judicial System · Colonial Heights Circuit Court
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary. Engaging Law Offices Of SRIS, P.C. Requires a signed engagement agreement. The firm’s Richmond Location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, serves clients in Colonial Heights by appointment. Contact us at (888) 437-7747 to schedule a consultation.
© 1997-2026 Law Offices Of SRIS, P.C.