A Fault Based Divorce Lawyer Chesterfield County handles cases under Va. Code § 20-91 for adultery, cruelty, desertion, or felony conviction. Law Offices Of SRIS, P.C. has 15 documented case results in Chesterfield County. Mr. Sris personally amended Virginia’s equitable distribution statute. Consultation by appointment.
Last verified: April 2026 | Chesterfield County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law recognizes specific fault grounds for divorce lawyer Chesterfield County practitioners use to file cases. Under Va. Code § 20-91, fault-based divorce grounds include adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (one year), and felony conviction (one year or more imprisonment). An at-fault divorce lawyer Chesterfield County clients retain must prove the grounds by clear and convincing evidence. Unlike no-fault divorce requiring a 6-month or 1-year separation, fault-based divorce can proceed immediately for adultery. The Chesterfield County Circuit Court at 9500 Courthouse Road handles all fault-based divorce filings. Filing fee for a divorce complaint is approximately $86. Sheriff service of process costs about $12. Private process server fees range from $50 to $100. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, the equitable distribution statute, giving the firm unique insight into Virginia family law.
For the complete statutory framework, review Va. Code § 20-91 (divorce grounds) on the Virginia General Assembly website. Court procedures are governed by Chesterfield County General District Court rules. These two .gov resources provide the authoritative legal framework for fault-based divorce in Chesterfield County.
Chesterfield County Circuit Court requires a corroborating witness for fault-based divorce hearings. The court schedules pendente lite hearings within 21-60 days of motion filing. Forensic accountants are routinely used for complex marital estates involving business valuation or retirement assets.
- File a complaint for divorce at Chesterfield County Circuit Court, 9500 Courthouse Road, Chesterfield, VA 23832.
- Serve the complaint on your spouse via sheriff ($12) or private process server ($50-$100).
- File a pendente lite motion for temporary spousal support, child support, or custody if needed.
- Attend the pendente lite hearing typically set within 21-60 days of motion filing.
- Complete discovery including financial affidavits, tax returns, and business valuation if applicable.
- Proceed to final hearing with corroborating witness testimony to prove fault grounds.
In Chesterfield County, fault-based divorce under Va. Code § 20-91 carries no criminal penalty but affects property division, spousal support, and attorney fee awards.
| Fault Ground | Classification | Waiting Period | Impact on Property Division | Impact on Spousal Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Court may consider marital waste | Bar to spousal support | Corroborating evidence required |
| Cruelty | Fault ground | None | Court may consider conduct | May affect support amount | Reasonable apprehension of bodily harm standard |
| Desertion | Fault ground | 1 year | Court may consider abandonment | May affect support amount | Willful abandonment required |
| Felony Conviction | Fault ground | 1 year imprisonment | Court may consider incarceration | May affect support amount | Conviction must be for felony |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and 4,739+ documented case results firm-wide across Virginia, Maryland, DC, New Jersey, and New York. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, a unique credential that no other Virginia family law attorney can claim. The firm maintains a 93%+ favorable outcome rate across all practice areas. In Chesterfield County, the firm has 15 documented case results with a 100% favorable outcome rate. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, Owner & CEO, Managing Attorney, provides secondary oversight on all Chesterfield County family law matters. Former prosecutor. Founded firm 1997. Personally amended Va. Code § 20-107.3. Bar admissions: VA, MD, DC, NJ, NY.
Law Offices Of SRIS, P.C. has 15 total documented case results in Chesterfield County across all practice areas, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate across Virginia, Maryland, DC, New Jersey, and New York.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location serves clients at Chesterfield County courts (9500 Courthouse Road). Accessible via I-95, I-295, Route 1, Route 10, and Route 360 (Hull Street).
Looking for a fault based divorce lawyer near Chesterfield County? We serve Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, and Moseley.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
By appointment only.
How long does a fault-based divorce take in Chesterfield County?
It depends. Adultery cases can proceed immediately with no waiting period. Contested fault divorces typically take 9-18 months from filing to final decree. Uncontested fault divorces with a signed separation agreement take 2-4 months.
What evidence is needed for adultery in Chesterfield County?
Yes. Corroborating evidence is required — circumstantial evidence of opportunity and inclination is sufficient. Direct evidence of sexual intercourse is not required. Text messages, hotel receipts, and witness testimony are commonly used.
Can I get spousal support if I file for fault-based divorce?
It depends. Adultery by the receiving spouse is a complete bar to spousal support. For other fault grounds like cruelty or desertion, the court considers 13 statutory factors under Va. Code § 20-107.1 to determine support.
Is Virginia a community property state for fault-based divorce?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3. Fault grounds may affect the division of marital assets.
What is the filing fee for a fault-based divorce in Chesterfield County?
$86. Circuit Court filing fee for divorce complaint is approximately $86. Sheriff service of process costs $12. Private process server fees range from $50 to $100. Pendente lite motions incur additional court costs.
Last verified: April 2026. Information current as of February 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.