Fault Based Divorce Lawyer New Kent County, VA
You have discovered evidence that your spouse committed adultery, or you have been subjected to cruelty or desertion. When a marriage ends because of wrongdoing by one spouse, Virginia law permits you to file for a fault based divorce. This can eliminate the lengthy separation waiting period required for a no‑fault divorce and may affect how property, spousal support, and even custody are decided. In New Kent County, fault based divorce cases are heard in the New Kent County Circuit Court at 12001 Courthouse Circle, New Kent, Virginia. Our firm represents clients in these matters, helping them understand their rights and pursue the relief they seek. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Fault Based Divorce Means in New Kent County
Virginia Code § 20‑91 recognizes several fault grounds for divorce from the bond of matrimony. Adultery, cruelty that creates a reasonable apprehension of bodily harm, willful desertion for one year, or conviction of a felony with a sentence of more than one year are grounds that allow a court to grant a divorce without requiring a separation period. When you file a complaint for divorce in the New Kent County Circuit Court alleging a fault ground, you ask the court to end the marriage and, where appropriate, to consider the misconduct when dividing marital property and deciding spousal support. The statute does not guarantee a particular division, but it allows the court to take fault into account as one of many equitable distribution factors.
Family law matters in New Kent County also involve the Juvenile and Domestic Relations District Court for issues such as child custody, visitation, and child support. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. The Circuit Court retains exclusive jurisdiction over the divorce itself and over the equitable distribution of assets. Our Richmond location regularly appears in these courts. While every case is unique, a fault based divorce often involves careful presentation of evidence designed to prove the alleged ground. An experienced attorney can help you evaluate whether filing on fault grounds is appropriate and how to build a record that protects your interests under Virginia’s equitable distribution standards.
New Kent County General District Court is currently presided over by Hon. Wade A. Bowie. Court hours: Mon‑Fri 8:00AM‑4:00PM. Counsel appearing on family law matters should plan filings accordingly.
How Mr. Sris and His Of Counsel Handle Fault Based Divorce Cases
When you consult with Mr. Sris and his Of Counsel, the first step is a confidential discussion about your circumstances. You explain why you believe a fault ground exists and what you hope to achieve — whether that is a divorce decree, a fair division of assets, spousal support, or a parenting arrangement that protects your children. We then review the evidence you have, explain the legal elements that must be proved, and discuss whether fault‑based filing is strategically advantageous in your situation.
If you decide to proceed on fault grounds, we prepare a complaint that sets out the factual basis for the ground asserted, file it with the New Kent County Circuit Court, and serve the other party. Discovery, including depositions and requests for production of documents, may be used to gather further proof. Throughout the process, we work to negotiate a resolution where possible. If trial is necessary, Mr. Sris and his Of Counsel present the evidence and advocate for your interests before the judge. Because no two fault based divorces are alike, we tailor our approach to the facts of each case and to the specific demands of the New Kent County court calendar.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has concentrated his practice on family law, criminal defense, and complex litigation since 1997. A former prosecutor, he understands how cases are built from both sides of the courtroom. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His Of Counsel — attorneys engaged through Excella — bring additional depth in areas such as former law enforcement, child welfare, and complex financial matters.
Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. They have documented 4,739+ case results across all practice areas since 1997. Every matter is handled collaboratively, drawing on the team’s collective knowledge to serve clients appearing in New Kent County and throughout Virginia.
Frequently Asked Questions
What are the grounds for a fault based divorce in Virginia?
A fault based divorce may be granted on grounds of adultery, cruelty, willful desertion for one year, or conviction of a felony with a sentence of more than one year. These grounds are set out in Virginia Code § 20‑91 and allow a court to end the marriage without requiring any separation period. The spouse alleging the fault must present sufficient evidence to prove the ground. The court may consider the fault when dividing marital property and setting spousal support, but fault does not automatically result in a more favorable financial outcome.
How does adultery affect property division and alimony?
Proof of adultery can affect the equitable distribution of marital property and may bar the adulterous spouse from receiving spousal support. Under Virginia Code § 20‑107.3, the court weighs factors including the circumstances that contributed to the dissolution of the marriage. If the court finds that adultery caused the breakup, it may award a larger share of marital property to the innocent spouse. Additionally, adultery is a statutory bar to spousal support unless the court finds a manifest injustice would result from denial.
What should I do if my spouse is claiming a fault ground against me?
If your spouse has filed for divorce alleging fault, you should immediately consult an attorney who can help you evaluate the allegations and prepare a response. The complaint must be answered within the time allowed by the court, and you have the right to challenge the evidence. An experienced attorney can investigate the claims, advise you on potential defenses, and represent your interests in the New Kent County Circuit Court. Do not ignore the summons.
Do I need to prove fault in court?
Yes, the spouse asserting a fault ground must prove it by clear and convincing evidence unless the other party admits the ground or the case is resolved by agreement. This standard is higher than a typical civil case. Evidence may include witness testimony, documents, electronic records, and, in some cases, private investigator reports. The court requires a corroborating witness even for uncontested divorces, so proving fault often demands thorough preparation.
How long does a fault divorce take in New Kent County?
The timeline for a fault based divorce depends on the court’s docket, the complexity of the evidence, and whether the parties reach a settlement. Cases that go to trial typically take longer than those resolved by agreement. Because fault allegations often generate contested proceedings, it is important to work with counsel who can manage the case efficiently while protecting your rights. For a timeline tailored to your situation, schedule a consultation.
How do I find a fault based divorce lawyer in New Kent County?
Look for a family law attorney who regularly appears in the New Kent County Circuit Court and has experience handling fault‑based divorce cases. Ask about the attorney’s familiarity with Virginia’s equitable distribution factors and the evidentiary requirements for proving fault. Our firm represents clients in New Kent County matters and offers consultations by appointment. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss your case.
Serving clients across Virginia: Family law representation in Fairfax County · Family law representation in Prince William County · Family law representation in Manassas City
Primary sources on Virginia family law: Virginia Code Title 20 — Domestic Relations · New Kent County Circuit Court · Virginia Courts
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.