Adultery Divorce Lawyer Virginia Beach, VA
In Virginia, adultery is a fault-based ground for divorce that carries significant legal consequences. Under Va. Code § 20-91(1), a spouse may seek a divorce when the other spouse has committed adultery, and unlike no‑fault divorce, there is no mandatory separation period. When adultery is proven, the court can consider the marital misconduct when dividing property and awarding spousal support. For residents of Virginia Beach, Sandbridge, Oceana, and surrounding communities, Law Offices Of SRIS, P.C. provides experienced representation in adultery divorce matters. Mr. Sris and his Of Counsel team represent clients in the Virginia Beach City Circuit Court at 2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456, as well as in related custody and support proceedings before the Virginia Beach City Juvenile & Domestic Relations District Court. Reach our location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Adultery Divorce Means in Virginia Beach
Adultery is one of several fault grounds for divorce listed in Va. Code § 20-91. In Virginia Beach, like elsewhere in the Commonwealth, a divorce based on adultery does not require the plaintiff to prove a period of separation. However, the plaintiff must present clear and convincing evidence that the defendant engaged in sexual intercourse with someone other than their spouse. Because Virginia courts take adultery claims seriously, the evidentiary standard is higher than in many other types of civil litigation.
Adultery can affect several aspects of the divorce case. The court may consider the misconduct when making equitable distribution decisions under Va. Code § 20-107.3, including whether to award a greater share of the marital estate to the innocent spouse. Adultery can also be a factor in spousal support determinations under Va. Code § 20-107.1. If a spouse is found to have committed adultery, that spouse may be barred from receiving spousal support, unless the court finds that a denial of support would create a manifest injustice. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel have documented 8 total case results across all practice areas in Virginia Beach. Results may vary. For family law matters in Virginia Beach specifically, they bring extensive experience navigating the local court system and building the level of proof needed in fault-based divorce cases.
Adultery is a fault ground for divorce in Virginia and does not require a separation period.
Source: Va. Code § 20-91(1). Virginia Code § 20-91
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Adultery Divorce Cases
Every adultery divorce begins with a Complaint filed in the Virginia Beach City Circuit Court, which has exclusive original jurisdiction over divorce matters under Va. Code § 20-96. The firm prepares pleadings that clearly state the grounds for divorce and the relief sought, including requests for equitable distribution, spousal support, child custody, and child support when relevant. Because adultery is a fault ground, the case often moves to a contested hearing unless the parties reach a settlement.
Mr. Sris and his Of Counsel investigate the facts thoroughly, because proving adultery in a Virginia court requires more than suspicion. The Virginia Supreme Court has held that circumstantial evidence may be sufficient, but the proof must show both the disposition and the opportunity to commit adultery. The team identifies admissible evidence, such as electronic communications, financial records, and witness testimony, and presents it in a way that meets the heightened standard. When appropriate, the firm also negotiates settlements that address the client’s financial and custody goals without requiring the fault ground to be litigated in open court. Throughout the process, the firm’s attorneys appear at the Virginia Beach City Circuit Court and, for associated custody and support issues, at the Virginia Beach City Juvenile & Domestic Relations District Court. Because the Richmond Location serves clients at the Virginia Beach courts (2425 Nimmo Parkway), scheduling is handled efficiently and with attention to each client’s specific needs.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is a former prosecutor who brings firsthand trial experience to every case. 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. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience with 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What evidence is needed to prove adultery in a Virginia Beach divorce?
To prove adultery in a Virginia Beach divorce, clear and convincing evidence of sexual intercourse must be presented. Under Virginia law, the party alleging adultery must demonstrate both the disposition (inclination) and the opportunity to commit adultery. This can include testimony from investigators, photographs, hotel records, travel receipts, or admissions by either spouse. The Virginia Beach City Circuit Court evaluates the evidence under the heightened standard. Because adultery findings can affect property division and spousal support, gathering admissible evidence early is critical. Mr. Sris and his Of Counsel can help identify the types of proof that a Virginia court is likely to find persuasive.
Does adultery affect property division in Virginia?
Yes, adultery can affect how marital property is divided in a Virginia divorce. Virginia is an equitable distribution state under Va. Code § 20-107.3. The court distributes property based on several factors, one of which is the circumstances and factors that contributed to the dissolution of the marriage. If a spouse’s adultery is proven, it may be considered a marital fault that warrants awarding a greater share of the marital estate to the innocent spouse. However, property division remains equitable—not punitive—and the court weighs all statutory factors, not fault alone.
Can a spouse who committed adultery receive spousal support in Virginia Beach?
Generally, a spouse who committed adultery is barred from receiving spousal support in Virginia, but there are exceptions. Under Va. Code § 20-107.1, adultery is an absolute bar to spousal support, unless the court finds that denying support would result in a manifest injustice. This is a high standard that the spouse seeking support must meet. The Virginia Beach City Circuit Court will weigh the financial circumstances, the duration of the marriage, and the needs of the spouse against the impact of the marital misconduct. A proven adultery claim can therefore significantly shape the support outcome.
Do I need a lawyer for an adultery divorce in Virginia Beach?
While you are not required to have an attorney, adultery divorce cases involve complex procedural and evidentiary rules that make legal representation advisable. Proving adultery requires meeting a high evidentiary standard, and the fault ground can impact property division and support. A misstep in pleading or proof could result in losing the fault‑based advantage. Law Offices Of SRIS, P.C. has experience representing clients in fault-based divorces at the Virginia Beach City Circuit Court and is available to discuss your specific situation at (888) 437-7747.
Are child custody decisions affected by adultery in Virginia?
Adultery alone generally does not determine child custody in Virginia, but it can be a factor if the conduct affected the child or the parent‑child relationship. Custody in Virginia Beach is decided based on the best interests of the child under Va. Code § 20-124.3. While a parent’s marital misconduct is not automatically a disqualification, it may become relevant if it demonstrates poor judgment, creates instability, or directly harms the child. The Virginia Beach City Juvenile & Domestic Relations District Court handles standalone custody matters when a divorce is not pending, and the Circuit Court addresses custody as part of a divorce case.
How long does an adultery divorce take in Virginia Beach?
The timeline for an adultery divorce in Virginia Beach varies based on whether the case is contested and the complexity of the evidence. Because adultery is a fault ground with no mandatory separation period, the action can move forward as soon as the Complaint is filed and served. Contested cases may take longer if the defendant disputes the allegation, which often leads to evidentiary hearings. Uncontested divorces where both parties agree on the grounds and all issues can resolve more quickly. Mr. Sris and his Of Counsel can provide a realistic assessment after reviewing the specifics of your matter.
Find family law guidance in other Virginia communities:
Fairfax County ·
Prince William County ·
Manassas ·
Falls Church
Visit official Virginia legal resources:
Virginia Code Title 20 (Domestic Relations) ·
Virginia Beach Circuit Court ·
Va. Code § 20-91 (grounds for divorce)
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.