Fault Based Divorce Lawyer Colonial Heights — What Are Your Grounds?
A fault-based divorce in Colonial Heights, Virginia, requires proving specific grounds like adultery or cruelty under Va. Code § 20-91. This fault based divorce lawyer Colonial Heights from Law Offices Of SRIS, P.C. has documented results in Colonial Heights courts. Fault grounds can impact spousal support and property division. We provide 24/7 consultations to discuss your case.
Last verified: April 2026 | Colonial Heights Circuit Court | Virginia General Assembly
Virginia law provides both no-fault and fault grounds for ending a marriage. A fault-based divorce requires you to prove one of the specific grounds defined by statute. Unlike a no-fault divorce based on separation, a fault divorce can influence the court’s decisions on alimony, equitable distribution of assets, and even attorney’s fees. Understanding these grounds is the first step in building your case.
Virginia Fault Divorce Grounds and Statute
The legal basis for a fault-based divorce in Virginia is found in Va. Code § 20-91. This statute lists the specific acts that constitute fault. To obtain a divorce on fault grounds, you must present sufficient evidence to the Colonial Heights Circuit Court that one of these grounds exists. The burden of proof is on the party alleging the fault. The grounds include:
- Adultery: Voluntary sexual intercourse by your spouse with someone other than you.
- Cruelty: Conduct that causes reasonable apprehension of bodily hurt or endangers your life, limb, or health.
- Willful Desertion: Your spouse has left you, without justification and against your wishes, for one year or more.
- Felony Conviction: Your spouse has been convicted of a felony, sentenced to confinement for more than one year, and has been confined after the conviction.
Choosing to file on fault grounds is a strategic decision. An experienced fault based divorce lawyer Colonial Heights can advise if your situation meets the legal standard and how it may benefit your overall divorce objectives.
Local Court Process for a Fault Divorce in Colonial Heights
Colonial Heights Circuit Court handles all divorce, equitable distribution, and spousal support matters. Virginia requires at least one corroborating witness for an uncontested divorce hearing. For a fault divorce, the process is inherently contested because you must prove the alleged misconduct. The case begins by filing a Complaint for Divorce that specifically alleges the fault ground. Your spouse then has an opportunity to file an Answer, which may deny the allegations.
- Case Evaluation & Strategy: Consult with a fault grounds for divorce lawyer Colonial Heights to review evidence and determine if a fault-based approach is advisable for your goals.
- Filing the Complaint: Your attorney drafts and files the formal Complaint with the Colonial Heights Circuit Court, stating the specific fault ground and requesting relief.
- Discovery & Evidence Gathering: The formal process of exchanging information and gathering evidence (documents, witness statements, etc.) to support the fault allegation begins.
- Negotiation or Trial: Your lawyer will attempt to negotiate a settlement based on the strength of the fault evidence. If no agreement is reached, the case proceeds to a trial where a judge hears the evidence and decides.
- Final Decree: The court issues a Final Decree of Divorce, which legally ends the marriage and includes orders on property, support, and other issues.
handling this process requires precise legal work. An at-fault divorce lawyer Colonial Heights from our firm manages the details, from filing to evidence presentation.
Potential Impact of Fault on Your Divorce
In Colonial Heights, proving fault in a divorce can directly affect spousal support awards and may be considered in the equitable distribution of marital assets.
| Fault Ground | Key Consideration | Potential Impact |
|---|---|---|
| Adultery | Requires clear proof; can be a bar to spousal support for the adulterous spouse. | May result in denial of spousal support to the at-fault party and influence property division. |
| Cruelty | Must show reasonable fear or actual harm; often involves testimony, medical records, or police reports. | Can lead to a more favorable spousal support award for the victim and affect custody determinations. |
| Willful Desertion | Requires proof the leaving was unjustified, against the wishes of the other spouse, and continuous for one year. | The deserted spouse may be awarded spousal support; desertion can factor into property division. |
| Felony Conviction | Requires a final conviction and sentence to confinement for more than one year. | Can influence spousal support and is a clear factor for the court in dividing assets and debts. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Colonial Heights Fault Divorce Attorneys
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to family law matters. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving our firm deep, firsthand knowledge of the laws that govern your case. We have a documented record of favorable outcomes for clients in Colonial Heights and across Virginia.
Our firm’s founder, Mr. Sris, a former prosecutor with a multi-state practice, provides strategic oversight on complex family law matters. His direct experience amending the state’s core equitable distribution law is an asset few other firms can match.
Local Presence and Accessibility
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
Phones 24/7/365; Office by appointment. By appointment only.
Our Richmond location serves clients at the Colonial Heights courts on 550 Boulevard. We are accessible via I-95 and Route 1. If you need a fault based divorce lawyer Colonial Heights near you, we offer 24/7 phone consultations and in-person meetings by appointment. We serve the Colonial Heights community.
Fault Based Divorce in Colonial Heights: Frequently Asked Questions
What are the fault grounds for divorce in Virginia?
Yes. Virginia’s fault grounds are adultery, cruelty, willful desertion for one year or more, and felony conviction with imprisonment for over one year, as defined in Va. Code § 20-91. You must prove the ground to the Colonial Heights Circuit Court.
Is it better to file for a fault or no-fault divorce in Colonial Heights?
It depends. A no-fault divorce based on separation is often simpler. A fault divorce may be strategically beneficial if you have strong evidence and seek to influence spousal support or property division. A fault grounds for divorce lawyer Colonial Heights can evaluate your specific evidence and goals to advise the best approach.
How do I prove adultery in a Virginia divorce?
Proving adultery requires clear and convincing evidence, which can include direct evidence like photographs or admissions, or circumstantial evidence such as hotel receipts, communications, and witness testimony. The evidence must show an opportunity and inclination for sexual intercourse. Colonial Heights Circuit Court judges scrutinize this evidence closely.
Can fault affect child custody in Virginia?
Yes. While the primary standard is the child’s best interests under Va. Code § 20-124.3, evidence of fault like cruelty or adultery that impacts the child’s welfare or a parent’s fitness can be considered by the Colonial Heights J&DR Court in custody decisions.
What if my spouse denies the fault allegation?
If your spouse denies the fault ground in their Answer, your case becomes contested. Your at-fault divorce lawyer Colonial Heights will engage in the discovery process to gather evidence and may proceed to a trial before a judge in Colonial Heights Circuit Court, where both sides present their case.
For more information on Virginia divorce law, visit the Virginia Courts website.
Related Pages: For other legal needs in Colonial Heights, see our Criminal Defense Lawyer and DUI Lawyer pages. For more on Virginia family law, visit our Virginia Family Law Hub.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.