Fault Based Divorce Lawyer Virginia Beach, VA
You are facing a marriage that is unraveling in Virginia Beach, Virginia—and you are considering whether to pursue a fault-based divorce. Perhaps you have evidence of adultery, cruelty, desertion for at least a year, or a felony conviction that resulted in a prison sentence of more than one year. Under Virginia Code § 20-91, any of these fault grounds can change the legal landscape: they may impact property division, spousal support, and even child custody. You need an attorney who understands how Virginia courts weigh fault and who can guide you through the procedural requirements of the Virginia Beach Circuit Court. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel team have been handling divorce cases in Virginia since 1997. Call (888) 437‑7747 to request a consultation about your fault-based divorce. Results may vary. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Mr. Sris, Owner and Founder — Former prosecutor. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Free initial consultation: (888) 437‑7747
Serving Virginia Beach from our Richmond location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment only. Call to schedule.
What Fault-Based Divorce Means in Virginia Beach, Virginia
Virginia is both a no‑fault and a fault‑based divorce state. Under Va. Code § 20-91, a spouse may file for divorce on fault grounds—adultery, cruelty, willful desertion for one year, or conviction of a felony with a sentence of more than one year—without waiting for a separation period. Conversely, a no‑fault divorce typically requires either a one‑year separation or a six‑month separation when the parties have no minor children and have signed a separation agreement. A fault‑based filing can accelerate the process and, importantly, influence the equitable distribution of marital property under Va. Code § 20-107.3. The Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Building 10B, has exclusive jurisdiction over divorce suits. Mr. Sris and his Of Counsel appear regularly in that court and understand how the judges apply the statutory factors when fault is asserted.
In Virginia Beach, pursuing a fault ground is a strategic decision. Adultery, for example, is a complete bar to spousal support if proven. Fault may also be considered by the court when determining the best interests of a child under Va. Code § 20-124.3. Because the locality includes a large military population, overseas deployments and service‑member family situations often intersect with fault‑related divorce issues. Mr. Sris and his Of Counsel have experience handling cases that involve these dynamics, always focusing on a practical path forward. The Virginia Beach Circuit Court is part of the Fourth Judicial District; its calendar and local practices matter. An attorney familiar with the courthouse can help you set realistic expectations about timing and procedure.
How Mr. Sris and His Of Counsel Handle Fault-Based Divorce Cases
When a client walks through the door with a fault‑based divorce matter—whether they are the filing spouse or the respondent—Mr. Sris and his Of Counsel begin by examining the evidence and the legal standards. Proof of fault is not simply an allegation; Virginia requires corroboration. The team works with clients to gather necessary documentation, identify witnesses, and, when appropriate, retain private investigators or forensic accountants. If settlement is possible, they negotiate terms that reflect the leverage that a proven fault ground can provide. If settlement is not possible, the matter proceeds to trial in the Virginia Beach Circuit Court, where Mr. Sris and his Of Counsel present the case with a focus on the relevant statutory factors.
Throughout the process, the team is mindful that fault‑based divorce often triggers heightened emotions. They maintain a professional, problem‑solving approach. The goal is not to inflame conflict but to achieve a resolution that protects the client’s financial interests and family relationships. The timeline for a contested fault‑based divorce varies; uncontested matters with a signed separation agreement may resolve in a matter of months, while a fully litigated fault case can take substantially longer. Court scheduling, discovery disputes, and the complexity of asset valuation all play a role. Mr. Sris and his Of Counsel keep clients informed at every stage. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. He is a former prosecutor who brings that experience to family law practice. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), legislation that amended the equitable distribution statute, Va. Code § 20-107.3. His Of Counsel attorneys—each an experienced practitioner—support the firm’s family law caseload. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What are the fault grounds for divorce in Virginia?
Virginia recognizes four fault grounds under Va. Code § 20-91: adultery, cruelty (including reasonable apprehension of bodily harm), willful desertion for one year, and conviction of a felony with confinement for more than one year. These grounds can be used without a mandatory separation period. Each requires sufficient evidence and may influence property division, spousal support, and custody determinations. An experienced attorney can evaluate whether you have a viable fault‑based case. Call Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss your situation.
How does adultery affect a divorce in Virginia Beach?
Adultery, if proven, serves as a fault ground that eliminates any waiting period and can completely bar the adulterous spouse from receiving spousal support. Under Va. Code § 20‑107.1, the court may deny maintenance and support to a spouse who committed adultery. It may also impact the court’s equitable distribution analysis. Because proof must be clear and convincing, it is critical to work with counsel who can help gather admissible evidence. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
How long does a fault‑based divorce take in Virginia Beach?
A fault‑based divorce does not require a separation period, so the initial filing can happen immediately once grounds exist. The overall timeline depends on whether the case is contested. An uncontested fault‑based divorce with a signed agreement might resolve in a matter of months after filing at the Virginia Beach Circuit Court. A contested matter that proceeds to trial can take significantly longer, sometimes well over a year. Court scheduling and discovery demands affect the pace. Contact us at (888) 437‑7747 to discuss likely timing for your case.
How much does a fault‑based divorce cost in Virginia Beach, Virginia?
Costs vary widely based on whether the divorce is contested and whether fault is vigorously opposed. The circuit court filing fee varies; contact the clerk’s office for current fees, with additional costs for service of process (around $12 via the sheriff, or more for a private process server). Guardian ad litem fees, mediation, and expert witnesses add to the total. Legal fees are case‑specific; we offer a consultation at (888) 437‑7747 to provide a clearer picture based on your circumstances.
Will my fault‑based divorce case go to trial?
Not necessarily; many fault‑based divorces settle before trial. When both parties recognize the evidence and the financial consequences of fault, they often negotiate a separation agreement that resolves all issues. If the other side denies the fault or the financial stakes cannot be compromised, trial in the Virginia Beach Circuit Court may be necessary. Mr. Sris and his Of Counsel prepare every case as if it will go to trial while pursuing settlement opportunities. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
How does the Virginia Beach Circuit Court handle fault‑based divorces?
The Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Building 10B, has exclusive jurisdiction over all divorce suits, including fault‑based cases. The court requires at least one corroborating witness for the grounds alleged. Evidence of fault must be introduced through testimony and exhibits. Local judges apply the statutory factors of Va. Code § 20‑107.3 for property division and § 20‑107.1 for spousal support. Mr. Sris and his Of Counsel are familiar with the court’s procedures and expectations. For guidance on your specific situation, reach our firm at (888) 437‑7747.
Can I file for a fault‑based divorce without a lawyer?
While it is legally possible to file pro se, fault‑based divorce involves complex evidentiary and procedural requirements that make self‑representation risky. Proving fault—especially adultery—requires more than mere suspicion. The court applies strict rules of evidence, and missteps can jeopardize your case. An experienced family law attorney can help you gather evidence, comply with local court rules, and present your case effectively. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
How does fault affect property division under Virginia’s equitable distribution law?
Fault is one of the eleven factors Virginia courts consider when dividing marital property under Va. Code § 20‑107.3. While Virginia is not a community property state, a judge may award a larger share of marital assets to the innocent spouse if the fault contributed to the dissolution of the marriage. Fault can also affect the valuation of assets and the allocation of debts. Mr. Sris and his Of Counsel have handled numerous equitable distribution matters in the Virginia Beach Circuit Court. Call (888) 437‑7747 to discuss your case.
What if my spouse denies the fault grounds?
If your spouse contests the fault allegations, the case becomes a contested divorce that proceeds to trial for resolution. You will need to prove the fault ground by a preponderance of the evidence, and in adultery cases, the standard is clear and convincing evidence. Testimony, documentation, and sometimes expert witnesses become critical. Mr. Sris and his Of Counsel are experienced trial attorneys who can build a strong evidentiary record. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
How do I get started with a fault‑based divorce in Virginia Beach?
Start by scheduling a consultation with a family law attorney who is familiar with both Virginia’s fault‑ground statutes and the Virginia Beach Circuit Court. Gather any documentation related to the misconduct, such as texts, emails, financial records, or witness information. During the consultation, you can discuss your goals, the strength of your evidence, and the likely path forward. Call Mr. Sris and his Of Counsel at (888) 437‑7747 to schedule an appointment. Our Richmond location serves clients throughout Virginia Beach, Sandbridge, and Oceana. By appointment only.
For a full statutory breakdown of Virginia’s fault‑based divorce statutes, see our comprehensive analysis at
Law Offices Of SRIS, P.C. Divorce practice page.
Primary sources:
Virginia Code Title 20 (Domestic Relations) ·
Virginia Beach Circuit Court
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Case results depend on a variety of factors unique to each case.