Adultery Divorce Lawyer New Kent County, VA
You have just discovered that your spouse has been unfaithful. The betrayal stings, and the thought of staying in the marriage feels impossible. You are angry, hurt, and unsure what to do next. In New Kent County, Virginia, adultery is a recognized fault ground for divorce, and it can reshape everything—property division, spousal support, even custody. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. have helped individuals across New Kent, Providence Forge, and Quinton navigate adultery-based divorce for over 28 years. To discuss your situation in confidence, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How We Approach Adultery Divorce Cases
Adultery is one of the few fault grounds in Virginia that eliminates the waiting period for a divorce. Under Va. Code § 20‑91(1), you can file immediately—there is no requirement to live apart for six months or a year. Mr. Sris and his Of Counsel start by understanding your goals: do you want a swift, uncontested resolution, or are you prepared to litigate the adultery issue to protect your financial interests? In New Kent County, we appear at the Circuit Court at 12001 Courthouse Circle, where all divorce and equitable distribution matters are heard. We help you gather evidence, evaluate settlement options, and build a strategy that aligns with what matters most to you.
Because adultery can influence how marital property is divided and whether spousal support is awarded, the approach is never one-size-fits-all. Virginia is an equitable distribution state—not a 50/50 state—and a proven fault ground can shift the court’s analysis. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to these determinations. Results may vary.
What to Expect When You File for an Adultery Divorce
Once the Complaint is filed with the New Kent County Circuit Court, the process moves forward. Uncontested divorces—where both parties sign a separation agreement—can conclude within 2 to 4 months after filing. Contested divorces, where the adultery ground is disputed, often take 9 to 18 months or longer, depending on the issues in dispute and how quickly the court can schedule hearings. In the meantime, the court can enter pendente lite orders for temporary support, custody, and use of the family home.
The filing fee for a divorce complaint is approximately $86, with sheriff service around $12. If the court appoints a Guardian ad Litem for custody concerns, that cost typically ranges from $500 to $2,500. Mediation, which can help resolve disagreements outside of court, generally costs $100 to $300 per hour per party. Mr. Sris and his Of Counsel will explain each step and help you decide whether to settle or go to trial.
How Adultery Affects Your Divorce
Under Virginia law, adultery is not a crime that is regularly prosecuted, but it is a powerful fault ground. It eliminates the separation period, so a divorce can be granted as soon as the court is satisfied the adultery occurred. More importantly, the judge can consider the adultery when dividing marital property—if marital funds were used to support the affair, the court may award a larger share to the innocent spouse. Adultery can also block spousal support for the spouse who committed it, unless the court finds that a denial would cause a manifest injustice.
Child custody decisions are based on the best interests of the child under Va. Code § 20‑124.3, and adultery alone does not automatically determine custody. However, the court can examine how the parent’s conduct affected the child. Mr. Sris and his Of Counsel help you present the evidence that matters, whether you are the spouse alleging adultery or the one facing the allegation.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. He started the firm in 1997 and is a former prosecutor. His background gives him a thorough understanding of evidence and courtroom strategy. Together with his Of Counsel team—attorneys with backgrounds including 15 years as a Virginia State Trooper and nearly two decades of family law litigation—the firm has documented over 4,739 case results across all practice areas. Results may vary. In New Kent County alone, the firm has 11 documented results with favorable outcomes in all reported instances. Mr. Sris 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). This legislative effort modernized aspects of equitable distribution in Virginia and reflects the firm’s commitment to the families it serves.
Frequently Asked Questions About Adultery Divorce in New Kent County
How does a Virginia lawyer defend against adultery divorce charges?
Defense strategies in an adultery divorce case often center on challenging the evidence, showing that the conduct did not meet the legal definition, or negotiating a no‑fault resolution. Mr. Sris and his Of Counsel examine the proof offered—text messages, photographs, witness testimony—and determine whether it is legally sufficient under Va. Code § 20‑91(1). Sometimes the parties can agree to a divorce on no‑fault grounds to avoid airing private details in court. To discuss possible defenses, contact our firm at (888) 437‑7747.
What should I do if I am facing adultery divorce charges in Virginia?
Contact a family law attorney without delay, and do not discuss the allegations with anyone except your lawyer. Preserve any documents or electronic records that may be relevant. The court expects prompt action, and speaking about the case outside of privilege can harm your position. Mr. Sris and his Of Counsel can evaluate the facts, explain what to expect, and help you prepare for the proceedings in the New Kent County Circuit Court.
Can I get a divorce immediately if my spouse committed adultery?
Yes, adultery is a fault ground that allows you to file for divorce without a separation period. You do not have to wait six months or a year; once the court accepts the proof of adultery, the divorce can be granted. However, the process still takes time—the typical uncontested adultery divorce may be finalized in 2 to 4 months after filing, while contested cases can take many months longer depending on court scheduling and the complexity of the issues.
Does adultery affect child custody in Virginia?
Adultery does not automatically change custody, but it can be considered as one factor in the trusted‑interests analysis. The judge will look at ten statutory factors under Va. Code § 20‑124.3, including the parent’s relationship with the child and any history of abuse. If the adulterous conduct created an unstable home environment, that could affect the outcome. Mr. Sris and his Of Counsel help clients present evidence that keeps the focus on the child’s well‑being.
What are the financial consequences of an adultery divorce?
An adultery finding can reduce the guilty spouse’s share of marital property and may prevent that spouse from receiving spousal support. Virginia’s equitable distribution system allows the judge to consider the circumstances that led to the divorce, including adultery. If marital funds were wasted on an affair, the court can award a larger portion to the innocent spouse. Every case is different, and the outcome depends on the specific financial picture.
Is it better to file a no‑fault divorce instead of alleging adultery?
That choice depends on your priorities—speed, privacy, and the financial stakes all play a role. A no‑fault divorce requires a six‑month separation (with an agreement and no minor children) or a one‑year separation, but it avoids the need to prove misconduct in court. An adultery divorce can be faster and may yield a more favorable property division, but it requires evidence and can be emotionally draining. Mr. Sris and his Of Counsel will walk you through both paths so you can make an informed decision.
For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747. Our Richmond location serves New Kent County by appointment: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (804) 201‑9009.
For a full statutory breakdown, see our Virginia family law overview on the main firm site.
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.