Fault Based Divorce Lawyer Prince George County, VA
If you are considering a divorce on fault grounds in Prince George County, Virginia, you face a process that can shape the division of marital property, the award of spousal support, and the custody of your children. Fault-based divorce in Virginia is governed by Va. Code § 20-91, which permits a spouse to seek a divorce on grounds such as adultery, cruelty, desertion, or conviction of a felony. These claims are heard in the Prince George County Circuit Court, located at 6601 Courts Drive, Prince George, VA 23875. Law Offices Of SRIS, P.C. represents clients throughout Prince George County and the surrounding Hopewell area, bringing decades of courtroom experience to fault-based divorce litigation. To discuss your situation with Mr. Sris and his Of Counsel team, reach our Richmond location at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Fault Based Divorce Means in Prince George County, Virginia
Virginia is both a no-fault and a fault divorce state. Under Va. Code § 20-91, the grounds for a fault divorce include adultery, cruelty and reasonable apprehension of bodily harm, willful desertion or abandonment for one year, and a felony conviction resulting in a sentence of confinement of more than one year. Unlike a no-fault divorce, which requires a period of separation, a fault-based divorce does not require any waiting period if the ground of adultery is established, or if the ground is cruelty or desertion and the statutory period has been met. These cases proceed in the Prince George County Circuit Court, which sits within the Eleventh Judicial District and serves residents of Prince George, the Hopewell area, and the communities along the I-295 corridor.
Proving fault in a divorce can affect the outcome of the case. Virginia is an equitable distribution state, meaning the court divides marital property fairly but not necessarily equally. A finding of adultery, for example, may influence the court’s determination of a fair property division and can bar an award of spousal support to the adulterous spouse. Similarly, cruelty or desertion can shape the court’s view of each party’s contributions to the marriage and the circumstances surrounding its dissolution. Because the evidence required to prove fault often involves detailed factual investigations and witness testimony, having an experienced legal team is important. Mr. Sris, a former prosecutor, and his Of Counsel team investigate the facts, identify admissible evidence, and present a clear case before the court.
Virginia recognizes fault grounds for divorce under Va. Code § 20-91, including adultery, cruelty, desertion, and felony conviction.
Source: Va. Code § 20-91. Virginia Law Portal
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Fault Based Divorce Cases
Fault-based divorce cases require a methodical approach. Mr. Sris and his Of Counsel team begin by gathering the information necessary to evaluate the viability of a fault claim. This may include digital evidence, financial records, witness statements, and, when appropriate, testimony from private investigators. Because Mr. Sris is a former prosecutor, he understands how to build a record that can withstand cross-examination and how to challenge evidence that is unreliable or improperly obtained.
Once the evidence is assembled, the team drafts the complaint for divorce, specifying the fault ground and the relief sought, such as equitable distribution, spousal support, and, when applicable, custody and child support. The case is filed in the Prince George County Circuit Court. If the fault ground is contested, the matter proceeds through discovery and pretrial motion practice, including, where appropriate, pendente lite hearings for temporary support and exclusive use of the marital residence. Throughout the process, the goal is to achieve a resolution that protects the client’s interests—whether through negotiation of a comprehensive settlement or through trial. The timeline for a fault-based divorce varies based on whether the ground is admitted or contested, the complexity of the property issues, and the court’s docket.
Frequently Asked Questions
What fault grounds for divorce exist in Virginia?
Virginia law lists four fault grounds for divorce: adultery, cruelty, willful desertion for one year, and conviction of a felony with a sentence of confinement exceeding one year. Adultery is the most commonly cited fault ground and, if proven, eliminates the need for a separation period. Cruelty requires evidence of physical harm or a reasonable apprehension of bodily injury. Desertion, also called abandonment, requires the deserting spouse to have left the marital home without justification for at least one year. A felony conviction ground is available when the other spouse has been sentenced to prison for more than a year. Each ground has specific evidentiary requirements, and an experienced attorney can evaluate which ground is most appropriate for your situation. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How does proving fault affect property division and spousal support in Prince George County?
Proving fault can directly affect the court’s property division and spousal support decision, especially when adultery is established. Under Virginia’s equitable distribution statute, the court considers the circumstances that contributed to the dissolution of the marriage. A finding of adultery may result in an unequal division of marital property favoring the innocent spouse and can bar the adulterous spouse from receiving spousal support. Cruelty and desertion may also influence the court’s view of each spouse’s contributions and needs. The Prince George County Circuit Court will weigh these factors along with the eleven statutory considerations under Va. Code § 20-107.3. Mr. Sris and his Of Counsel team present evidence to demonstrate how fault impacted the marriage and why an equitable adjustment is warranted. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer for a fault based divorce in Prince George County?
While you are not legally required to hire a lawyer, fault-based divorce proceedings involve complex rules of evidence and procedure that are difficult to navigate without legal representation. Proving fault requires more than simply making allegations; you must present admissible evidence that satisfies the burden of proof. Cross-examination of witnesses, objections to improper evidence, and compliance with local court rules all require legal training. A lawyer also can evaluate whether a fault claim is worth pursuing given the specific facts and potential cost, and can negotiate a settlement that avoids a trial if the evidence is insufficient. Law Offices Of SRIS, P.C. represents clients throughout Prince George County in fault-based divorce matters. For guidance on your specific situation, reach our Richmond location at (888) 437-7747.
What does filing a fault divorce complaint in Prince George County Circuit Court involve?
Filing a fault divorce begins with a complaint that states the ground for divorce and the relief requested, such as equitable distribution, spousal support, and custody. The complaint is filed at the Prince George County Circuit Court, located at 6601 Courts Drive, Prince George, VA 23875. The filing must be accompanied by the appropriate filing fee, which the clerk’s office can confirm. The complaint must then be served on the other spouse according to Virginia’s service rules. If the ground is contested, the case will proceed through discovery. Throughout the process, Mr. Sris and his Of Counsel team handle all procedural steps, from drafting the complaint to representing clients at trial. For a consultation, call (888) 437-7747.
How long does a fault based divorce take in Prince George County?
The timeline for a fault-based divorce depends on whether the grounds are admitted or contested, the complexity of the property division, and the court’s schedule. If both parties agree to the ground and have resolved all other issues through a separation agreement, the divorce may be completed relatively quickly after filing. A contested fault case, however, typically takes longer because of discovery, motion practice, and the need for a trial date. Cases involving complex equitable distribution, business valuations, or international assets can extend further. Mr. Sris and his Of Counsel work to move matters efficiently while ensuring that all necessary evidence is developed. To discuss your specific case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997. A former prosecutor, he brings courtroom experience and an understanding of how evidence is gathered and challenged. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised the equitable distribution statute, Va. Code § 20-107.3. 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. The Of Counsel team includes attorneys who contribute extensive litigation and negotiation experience, but Mr. Sris remains directly involved in the firm’s most complex family law matters. Through the firm’s Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, Mr. Sris and his Of Counsel serve clients across Prince George County and the Hopewell area, handling fault-based divorce, equitable distribution, spousal support, and related family law matters.
Additional Resources
Virginia Code Title 20 (Domestic Relations) · Prince George County Court Information · Virginia Judicial System
Our family law team also serves clients in these Virginia localities: Fairfax County, Prince William County, Manassas, Fairfax City, and Falls Church.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case.