Fault Based Divorce Lawyer Virginia Beach, VA
If you are considering a divorce in Virginia Beach based on fault grounds—adultery, cruelty, desertion, or a felony conviction—you need an attorney who understands how fault affects property division, spousal support, and the overall trajectory of your case. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. bring extensive experience in fault-based divorce litigation, including matters before the Virginia Beach Circuit Court at 2425 Nimmo Parkway, Building 10B. Virginia Code § 20-91 allows a divorce on fault grounds, and when fault is proven, the court may award a larger share of marital assets or spousal support to the innocent spouse. At the same time, fault allegations can be vigorously contested. Our firm works to protect your interests, whether you are the spouse asserting fault or the spouse defending against such claims. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Fault-Based Divorce Means in Virginia Beach
Virginia Beach is Virginia’s largest city by population and home to a significant military community, including Naval Air Station Oceana. The Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, has exclusive original jurisdiction over divorce actions in the city. Fault-based divorce in Virginia Beach unfolds within the statutory framework of Va. Code § 20-91. The recognized fault grounds are adultery, cruelty (including reasonable apprehension of bodily hurt), willful desertion or abandonment for one year, and conviction of a felony followed by imprisonment for more than one year. Importantly, adultery is the only ground that does not require a waiting period—a spouse may file immediately after proving adultery, while no-fault divorces require either six months of separation with a signed agreement and no minor children, or one year of separation.
Virginia is an equitable distribution state under Va. Code § 20-107.3. The court considers 11 factors, including the circumstances that contributed to the dissolution of the marriage, in dividing marital property. Proof of fault can influence the distribution, making it a critical element in Virginia Beach cases. All divorce, equitable distribution, and spousal support matters are heard in the Circuit Court, while the Virginia Beach Juvenile and Domestic Relations District Court handles standalone custody, visitation, child support, and protective orders. The courts in Virginia Beach require at least one corroborating witness to support the testimony in an uncontested divorce hearing, and the same evidentiary standards apply in fault cases. A well-prepared case, supported by credible evidence and local procedural knowledge, is essential.
How Mr. Sris and His Of Counsel Handle Fault-Based Divorce Cases
Mr. Sris and his Of Counsel approach each fault-based divorce by first evaluating the available grounds and the evidence required to prove them. In an adultery case, for example, clear and convincing evidence of opportunity and disposition must be presented. In cruelty or desertion cases, the court examines the specific facts and the impact on the innocent spouse. The team works with clients to gather documentation, identify corroborating witnesses, and, when appropriate, engage forensic accountants or business valuators for complex marital estates. They prepare for litigation while also exploring potential settlement options, including property settlement agreements that can resolve all issues without trial, though mediation is not mandatory in Virginia.
The firm has documented 8 case results in Virginia Beach across all practice areas, with favorable outcomes. Results may vary. When a fault-based divorce goes to trial, Mr. Sris and his Of Counsel present the evidence before the Virginia Beach Circuit Court. They understand how the court applies the factors under § 20-107.3 and how fault can affect spousal support under § 20-107.1. For cases with an international or military dimension—common in Virginia Beach—the team navigates jurisdictional issues and service of process challenges. Throughout, they keep clients informed and work to achieve a resolution that protects long-term financial and personal interests.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings insight into how evidence is challenged and cases are built. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He works alongside a team of Of Counsel attorneys who collectively bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. The team includes attorneys with backgrounds in prosecution, law enforcement, and complex family law litigation, providing a depth of perspective that benefits clients in Virginia Beach fault-based divorce proceedings.
Frequently Asked Questions
What is a fault-based divorce in Virginia?
A fault-based divorce is a divorce granted because one spouse committed a marital wrong—adultery, cruelty, desertion, or a felony—as defined by Va. Code § 20-91. Unlike a no-fault divorce, which requires a separation period, a fault ground may allow an immediate filing (in the case of adultery) or a shorter path. Proving fault can affect property division, spousal support, and even custody decisions. The Virginia Beach Circuit Court at 2425 Nimmo Parkway, Bldg 10B, handles all fault-based divorce complaints and equitable distribution matters for the city. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does adultery affect a divorce in Virginia Beach?
Adultery is a fault ground that eliminates Virginia’s required separation period and can bar the adulterous spouse from receiving spousal support. Under Va. Code § 20-91(1), adultery must be proved by clear and convincing evidence, often through corroborating witness testimony or documentation. In Virginia Beach, the Circuit Court considers adultery when dividing marital property under equitable distribution. If you are the innocent spouse, proving adultery may lead to a more favorable property award and spousal support. If you are accused, a strong defense is critical because a finding of adultery can severely limit your financial relief.
What defenses exist against fault grounds in a Virginia divorce?
Common defenses include recrimination, condonation, connivance, and lack of sufficient evidence. Recrimination means the accusing spouse also committed a marital fault. Condonation occurs when the innocent spouse forgave the misconduct and resumed the marital relationship. Connivance involves the spouse encouraging the fault. In Virginia Beach, these defenses are argued before the Circuit Court, and they require careful presentation of facts. An experienced attorney evaluates whether the evidence meets the high burden of proof and develops a strategy tailored to the circumstances. 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 Virginia Beach?
While Virginia law does not require you to hire an attorney, fault-based divorces involve complex evidentiary and procedural rules that make legal representation important. The Virginia Beach Circuit Court demands strict compliance with pleading standards and proof requirements. An attorney can help gather evidence, secure corroborating witnesses, and navigate the equitable distribution factors under Va. Code § 20-107.3. Without counsel, you risk an unfavorable property settlement or spousal support order. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How is property divided in a fault-based divorce in Virginia?
Virginia is an equitable distribution state; the court divides property fairly but not necessarily equally, and fault is one of 11 factors the judge considers. Under Va. Code § 20-107.3, the court looks at the duration of the marriage, contributions, and the circumstances that caused the dissolution, including adultery or cruelty. Separate property—assets owned before marriage or received as a gift or inheritance—is not subject to division. In Virginia Beach, the Circuit Court at 2425 Nimmo Parkway handles all property classification, valuation, and distribution. Marital assets like retirement accounts and business interests may require experienced attorney valuation.
What is the difference between fault and no-fault divorce in Virginia?
The primary difference is that fault-based divorce does not require a separation period (or has a shorter one, depending on the ground), while no-fault divorce requires six months to one year of separation. Fault grounds—adultery, cruelty, desertion, and felony conviction—allow a spouse to file immediately (adultery) or after a one-year period (desertion, felony). No-fault divorce under Va. Code § 20-91(9) mandates living separate and apart for six months with a written settlement agreement and no minor children, or one year otherwise. Fault can also affect spousal support and property division, giving it strategic weight in settlement negotiations.
For related family law representation, see our pages on Fairfax County Family Law, Fairfax City Family Law, Falls Church Family Law, Prince William County Family Law, and Manassas Family Law.
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Results may vary.
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