Fault Based Divorce Lawyer New Kent County, VA
You recently discovered that your spouse has been unfaithful. Instead of waiting through the mandatory one-year or six-month separation period required for a no-fault divorce, Virginia law gives you the option to file for a fault-based divorce on the ground of adultery under Va. Code § 20-91. This can allow you to move forward without the waiting period and seek an equitable distribution of marital property. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., represents clients throughout New Kent County—including New Kent, Providence Forge, and Quinton—in fault-based divorce cases. The New Kent County Circuit Court at 12001 Courthouse Circle, New Kent, VA 23124 handles these matters. Call (888) 437-7747 to request a consultation and discuss whether adultery, cruelty, desertion, or a felony conviction could serve as grounds in your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Since 1997, Law Offices Of SRIS, P.C. has represented clients in family law matters. Over 120 years of combined legal experience between Mr. Sris and his Of Counsel. Results may vary.
What Fault-Based Divorce Means in New Kent County, Virginia
A fault-based divorce in Virginia is an absolute divorce granted on the basis of one of the statutory fault grounds listed in Va. Code § 20-91. Unlike a no-fault divorce, which requires the parties to live separate and apart for a minimum period—one year, or six months if there are no minor children and a separation agreement is in place—a fault-based divorce does not require any waiting period. The most commonly asserted fault grounds are adultery, cruelty causing reasonable apprehension of bodily harm, willful desertion for one year, and conviction of a felony that resulted in confinement for more than one year.
In New Kent County, filing a complaint for divorce based on fault means initiating the case in the New Kent County Circuit Court, located at 12001 Courthouse Circle. The court has exclusive original jurisdiction over divorce actions. Fault can also affect the equitable distribution of marital property under Va. Code § 20-107.3 and may influence a determination of spousal support. Mr. Sris and his Of Counsel evaluate the specific facts of each matter to determine whether a fault ground is provable and whether pursuing a fault-based divorce aligns with the client’s goals for property division, support, and any custody or visitation arrangements that may be at issue.
How Mr. Sris and His Of Counsel Handle Fault-Based Divorce Cases
When a client comes to Law Offices Of SRIS, P.C. with a potential fault-based divorce, Mr. Sris and his Of Counsel begin by reviewing the available evidence. For adultery, proof may include electronic communications, financial records, witness testimony, or admissions. Because Virginia requires corroboration for uncontested divorce hearings, presenting credible evidence is essential. The team works with the client to gather documentation while explaining the procedural steps ahead.
Once the evidence is assessed, a complaint for divorce is prepared and filed in the New Kent County Circuit Court. The complaint states the grounds, identifies marital property, and requests the relief sought—distribution of property, spousal support, and any custody or support orders if children are involved. After service of process, the case may proceed through discovery, negotiation, and, if necessary, trial. Mr. Sris’s experience as a former prosecutor equips him to present evidence effectively and cross-examine witnesses. Throughout the process, the team focuses on achieving a resolution that protects the client’s interests and respects the court’s equitable distribution framework.
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 and 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). His Of Counsel bring substantial experience in family law, including backgrounds in litigation, former law enforcement, and CPS work. Together, Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since the firm’s founding. Results may vary.
Frequently Asked Questions
How long does a fault-based divorce take in New Kent County, Virginia?
The timeline for a fault-based divorce in New Kent County varies based on whether the case is contested, the complexity of the property or custody issues, and the court’s calendar. An uncontested divorce with a signed separation agreement can resolve in two to four months from filing to final decree, but a contested fault-based divorce typically takes nine to eighteen months or more. Because fault grounds often raise evidentiary disputes, the case may require additional hearings. Mr. Sris and his Of Counsel work to present the matter efficiently. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How much does a divorce cost in New Kent County, Virginia?
The filing fee for a divorce complaint in the New Kent County Circuit Court is approximately with additional costs for service of process, mediation, and attorney fees varying by case. Sheriff service is about $12, while private process servers may charge $50 to $100. If a guardian ad litem is needed for custody issues, that expense typically ranges from $500 to $2,500 or more. Mediation, if used, generally costs $100 to $300 per hour per party. Mr. Sris and his Of Counsel can discuss fee arrangements during a consultation. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Is Virginia a community property state?
No, Virginia is not a community property state; it follows equitable distribution. Under Va. Code § 20-107.3, the court divides marital property fairly but not necessarily equally, considering factors such as each spouse’s contributions, the duration of the marriage, and the circumstances that led to the divorce. Separate property—usually assets owned before marriage or received by gift or inheritance—is excluded from distribution. In fault-based divorce cases, a spouse’s misconduct can sometimes be weighed as a factor. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How is child custody decided in New Kent County, Virginia?
Custody in New Kent County is determined by applying the trusted-interests-of-the-child standard under Va. Code § 20-124.3, which lists ten factors the court considers. These factors include each parent’s role in the child’s life, the child’s relationship with each parent, any history of family abuse, and the reasonable preference of a child of suitable age. Custody matters are heard in the New Kent County Juvenile and Domestic Relations District Court when they stand alone, or in the Circuit Court when part of a divorce. The court may also order a guardian ad litem to represent the child’s interests. Mr. Sris and his Of Counsel present the evidence relevant to these factors.
What are the grounds for fault-based divorce in Virginia?
Virginia recognizes four fault grounds for divorce: adultery, cruelty, willful desertion for one year, and conviction of a felony with confinement exceeding one year. These grounds are set out in Va. Code § 20-91. Adultery is the most frequently invoked and does not require a period of separation. Cruelty requires proof that one spouse’s conduct caused the other reasonable apprehension of bodily harm. Desertion must be willful and continuous for at least one year. A felony conviction ground applies only if the convicted spouse is actually confined. Each ground requires specific evidence and meeting the applicable burden of proof. Discussing your facts with an experienced family law practitioner is essential; contact our location at (888) 437-7747.
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