Fault Based Divorce Lawyer Virginia Beach, VA
You discovered evidence that your spouse has been unfaithful, or perhaps cruelty has made the marriage unbearable. Under Virginia law, you may not need to wait a year to file for divorce. Fault-based grounds — including adultery, cruelty, desertion, and felony conviction — let you move forward on a different timeline and can affect how property and support are decided. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel represent clients throughout the Hampton Roads region in fault-based divorce cases, with a focus on the practical impact of these claims on equitable distribution and spousal support. Our Richmond location serves individuals and families in Virginia Beach, Sandbridge, and Oceana. To discuss your situation, call (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Fault-Based Divorce Means in Virginia Beach
Virginia law allows a spouse to seek a divorce on fault grounds without waiting through the standard separation period. Under Va. Code § 20-91, a court may grant an absolute divorce based on adultery, cruelty or reasonable apprehension of bodily harm, willful desertion or abandonment for one year, or a spouse’s felony conviction with a sentence of more than one year. For adultery, there is no mandatory waiting period — a case can move forward as soon as the evidence is assembled and the complaint is filed in the Virginia Beach Circuit Court at 2425 Nimmo Parkway. The same Circuit Court handles equitable distribution of marital property and determinations of spousal support.
In Virginia Beach, a fault-based divorce can alter the financial picture. The court considers fault as one factor when dividing marital assets and when setting spousal support. A finding of adultery, for example, bars the adulterous spouse from receiving spousal support. Because Virginia is an equitable-distribution state, not a community-property state, the court has broad discretion to weigh fault alongside other statutory factors like the duration of the marriage and each spouse’s contributions to the family’s well-being. Our Richmond location represents clients at the Virginia Beach courts and understands how these local judicial practices affect case outcomes.
How Mr. Sris and His Of Counsel Handle Fault-Based Divorce Cases
A fault-based divorce turns on evidence. Mr. Sris and his Of Counsel begin each matter by interviewing the client to understand the specific grounds and gathering supporting documentation — electronic records, witness statements, financial documents, or other material that speak to the alleged fault. They then evaluate whether the evidence meets Virginia’s legal requirements and whether negotiating a separation agreement that addresses fault as part of the property settlement is a viable path.
If trial is necessary, the team prepares to present the evidence to the judge and to challenge any contrary assertions. Throughout the process, they advise clients on how a fault determination may influence their financial future and parental rights. Every case is handled with the recognition that fault-based claims can be emotionally charged, and the approach balances active advocacy with respect for the family’s long-term interests. The team appears regularly in the Virginia Beach Circuit Court and the Virginia Beach Juvenile and Domestic Relations Court for related custody and support matters.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. he is a former prosecutor who founded the firm in 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the legislation that revised Virginia’s equitable-distribution statute. His familiarity with how fault interacts with property division and spousal support informs the counsel he provides to clients across the Hampton Roads area.
Mr. Sris is supported by his Of Counsel team — experienced attorneys who have backgrounds in criminal prosecution, law enforcement, and complex civil litigation. Over 120 years of combined legal experience between Mr. Sris and his Of Counsel, with 4,739+ documented firm-wide results. Results may vary. The team handles fault-based divorce matters collaboratively, drawing on this depth of experience to address the procedural, evidentiary, and emotional dimensions of each case. Our Richmond location serves clients at the Virginia Beach courts; consultations are available by appointment at (888) 437-7747.
Frequently Asked Questions
What are the fault grounds for divorce in Virginia?
Virginia recognizes adultery, cruelty or reasonable apprehension of bodily harm, willful desertion for one year, and a spouse’s conviction of a felony with a sentence of more than one year as fault grounds. These are set out in Va. Code § 20-91. Adultery is the only ground that eliminates the waiting period entirely; the others still require the underlying statutory period. Fault can also influence property division and spousal support. A fault-based divorce is filed in the Virginia Beach Circuit Court at 2425 Nimmo Parkway. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does adultery affect a divorce in Virginia Beach?
A proven claim of adultery bars the adulterous spouse from receiving spousal support and may result in a larger share of marital property being awarded to the innocent spouse. The court will still divide property equitably rather than equally, but adultery is one of the statutory factors considered. To prove adultery, clear and convincing evidence is required — circumstantial proof may be enough if it shows both opportunity and disposition. The Virginia Beach Circuit Court has experience with these claims, and an attorney can help assess whether the available evidence meets the legal standard.
Do I need to prove fault to get a divorce in Virginia?
No, Virginia also permits no-fault divorce based on separation — one year, or six months with a signed separation agreement and no minor children. Fault is an alternative ground that can accelerate the process and shift financial outcomes. Some clients choose a no-fault route to save time and conflict, while others pursue fault when relevant evidence is strong and the financial stakes are high. A consultation can help identify which approach best matches your situation. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does fault affect property division in Virginia?
The court may consider marital fault, including adultery, cruelty, or desertion, as one factor when dividing marital property equitably. Virginia is an equitable-distribution state, meaning the court divides assets fairly but not necessarily equally. The 11 factors include the circumstances that led to the marriage’s dissolution. Fault can therefore influence the final property award. The Richmond location of Law Offices Of SRIS, P.C. represents clients in the Virginia Beach Circuit Court on these issues.
What should I bring to a consultation with a fault-based divorce lawyer?
Bring any evidence related to the alleged fault, financial records, the marriage certificate, and a list of questions. Evidence may include photographs, text messages, emails, or financial statements that support the claim. Financial records — tax returns, pay stubs, bank statements, real estate deeds — help evaluate the marital estate. The attorney will use this information to explain likely outcomes and next steps. The timeline varies by case, but prompt action preserves evidence and legal options.
How do I find a fault-based divorce lawyer near Virginia Beach?
Start by researching attorneys who regularly appear in the Virginia Beach Circuit Court and have experience with the specific fault ground you are alleging. Look for a lawyer who is admitted in Virginia and whose practice concentrates on family law. Mr. Sris and his Of Counsel represent clients in Virginia Beach from our Richmond location. Consultations are available by appointment; call (888) 437-7747 to learn more.
Primary legal authority: Virginia Code Title 20 — Domestic Relations · Virginia Beach Circuit Court · Virginia Judicial System
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