Fault Based Divorce Lawyer Virginia Beach, VA
When a marriage ends because of one spouse’s misconduct, Virginia law permits a fault-based divorce under Va. Code § 20-91. Law Offices Of SRIS, P.C., with a Richmond location serving clients throughout Virginia Beach, Sandbridge, Oceana, and the surrounding communities, concentrates in family law matters including contested fault-based divorces. Mr. Sris, Owner and Founder of the firm, and his Of Counsel team bring decades of collective experience to these cases, working to secure favorable outcomes for individuals seeking a divorce on grounds of adultery, cruelty, desertion, or felony conviction. Reach our location at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Fault Based Divorce Means in Virginia Beach
Virginia law allows a spouse to file for divorce on specific fault grounds without waiting for the one-year separation period required for a no-fault divorce. The fault grounds, enumerated in Va. Code § 20-91, include adultery, cruelty or reasonable apprehension of bodily harm, willful desertion or abandonment for one year, and conviction of a felony with imprisonment for more than one year. When a ground is proven to the satisfaction of the Virginia Beach City Circuit Court, the court may grant a divorce from the bond of matrimony immediately, without a separation period.
Virginia Beach City is part of the Fourth Judicial District. Divorce complaints are filed in the Virginia Beach City Circuit Court, which has exclusive original jurisdiction over divorce proceedings. A divorce case may also involve related matters heard by the Virginia Beach City Juvenile and Domestic Relations District Court, such as child custody, visitation, child support, and protective orders. The firm’s Richmond location regularly appears in these courts, and Mr. Sris and his Of Counsel are familiar with local procedural requirements. Virginia Beach’s large population and its substantial military presence at Naval Air Station Oceana also mean that many divorces involve service members, international property, or unique jurisdictional questions—factors that require careful navigation by experienced counsel.
How Mr. Sris and His Of Counsel Handle Fault Based Divorce Cases
A fault-based divorce is inherently contested. Unlike an uncontested divorce in which both parties sign a separation agreement, a fault divorce requires the plaintiff to present evidence proving the alleged misconduct. Law Offices Of SRIS, P.C. approaches these matters by first evaluating the strength of the available evidence and the potential impact of the fault ground on the overall case. Because fault can influence equitable distribution, spousal support, and even custody decisions under certain circumstances, the strategic decision of whether to pursue a fault ground is carefully weighed.
Mr. Sris and his Of Counsel prepare each case for trial while remaining open to negotiated resolutions. The Virginia Beach Circuit Court requires clear and convincing evidence for certain fault grounds, particularly adultery, which must be proven by corroborated testimony. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a measure that amended Virginia’s equitable distribution statute, and he brings that statutory familiarity to every property division analysis. Whether the case involves complex business assets, retirement accounts, or the valuation of a marital home in Sandbridge or Town Center, the firm works to ensure the client’s interests are protected at every stage.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with experience in trial work. Practicing since 1997, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He keeps his caseload manageable so that he may remain closely involved with each matter he handles. His Of Counsel team is composed of attorneys who have been engaged through Excella and who bring backgrounds that include former state trooper service, prosecution experience, and extensive family law litigation. Together, Mr. Sris and his Of Counsel draw on over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results to guide clients through contested divorce proceedings. Results may vary.
Frequently Asked Questions
What is a fault-based divorce?
A fault-based divorce is a divorce granted because one spouse engaged in misconduct defined by Virginia law as a ground for ending the marriage. Virginia recognizes four fault grounds: adultery, cruelty, desertion for one year, and conviction of a felony with imprisonment of more than one year. Unlike a no-fault divorce, which requires a separation period of six months or one year, a fault divorce may be granted without waiting, provided the ground is proven. Fault-based divorces are litigated in the Virginia Beach City Circuit Court, where the plaintiff must present sufficient evidence to support the allegations.
What are the fault grounds for divorce in Virginia?
The fault grounds for divorce in Virginia are adultery, cruelty or reasonable apprehension of bodily harm, willful desertion or abandonment lasting one year, and conviction of a felony with a sentence of more than one year. Adultery is a particularly significant ground because, if proven, the court may award a divorce immediately and may bar the adulterous spouse from receiving spousal support. Each ground carries its own evidentiary standard. Mr. Sris and his Of Counsel can evaluate whether the facts of your case support filing on a fault ground.
Does fault affect property division?
Virginia law allows the court to consider fault as one of the factors in equitable distribution, meaning a spouse’s misconduct can influence how marital property is divided. Under Va. Code § 20-107.3, the judge weighs the circumstances and factors that contributed to the dissolution of the marriage, including any fault or misconduct. While Virginia is not a community property state and does not automatically award a larger share to the innocent spouse, a finding of fault can substantially impact the final distribution, especially in high-asset or high-net-worth cases.
Can fault grounds affect child custody?
Fault may be considered in custody determinations if the misconduct directly relates to the child’s safety or well-being. Virginia courts decide custody based on the best interests of the child under Va. Code § 20-124.3. A parent’s adultery, cruelty, or criminal behavior could influence the court’s assessment if it demonstrates a harmful home environment or an inability to provide proper care. However, fault alone does not determine custody; the court examines a broad range of factors. Mr. Sris and his Of Counsel work to present a full picture of each parent’s fitness.
How long does a fault-based divorce take in Virginia Beach?
The timeline of a fault-based divorce in Virginia Beach depends on the complexity of the contested issues, the availability of evidence, and the court’s calendar. While a fault divorce can be granted immediately upon proof of the ground without a waiting period, the litigation process itself may take many months, particularly if the matter involves substantial discovery, expert testimony, or parallel proceedings concerning custody and support. Mr. Sris and his Of Counsel prioritize efficient resolution while preserving the right to a full trial when needed.
Do I need a lawyer for a fault-based divorce?
Yes, because fault-based divorces involve complex evidentiary requirements and contested court proceedings, representation by an experienced family law attorney is critical. Proving adultery, for example, demands clear and convincing evidence and often requires corroborating testimony. Procedural missteps can weaken your case or result in dismissal. Mr. Sris and his Of Counsel represent clients in fault-based divorce actions filed in the Virginia Beach City Circuit Court and can guide you through each step, from initial complaint to final decree. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Explore related practice coverage: Fairfax County Family Law Lawyer · Prince William County Family Law Lawyer · Manassas Family Law Lawyer
Authoritative resources: Virginia Code Title 20 · Virginia Beach Circuit Court · Virginia Judicial System
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