Fault Based Divorce Lawyer Colonial Heights — What Are Your Legal Options?
A Fault Based Divorce Lawyer Colonial Heights handles adultery, cruelty, desertion, and felony conviction grounds under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 4 documented case results in Colonial Heights courts. Mr. Sris personally amended Virginia’s equitable distribution statute § 20-107.3. Consultation by appointment.
Last verified: April 2026 | Colonial Heights General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law recognizes fault-based divorce grounds under Va. Code § 20-91. These grounds include adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion for one year, and felony conviction with imprisonment for one year or more. Unlike no-fault divorce requiring a 6-month or 1-year separation, fault grounds allow immediate filing. The burden of proof falls on the spouse alleging fault. Colonial Heights Circuit Court at 550 Boulevard handles all fault-based divorce filings. Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, provides representation in these contested matters.
For the complete statutory framework, review Va. Code § 20-91 (official Virginia General Assembly) for divorce grounds and Colonial Heights General District Court website for local court procedures and filing requirements.
In Colonial Heights Circuit Court, fault-based divorce cases require specific evidence. Adultery cases need direct or circumstantial proof. Cruelty cases require documented incidents. Desertion cases need proof of one year of continuous abandonment. The court applies Va. Code § 20-107.3 factors for property division even in fault cases.
- Gather evidence supporting your fault ground — text messages, emails, photographs, financial records, or witness statements.
- File a complaint for divorce at Colonial Heights Circuit Court, 550 Boulevard, Colonial Heights, VA 23834. Filing fee approximately $86.
- Serve the complaint on your spouse through sheriff service ($12) or private process server ($50-$100).
- Attend the pendente lite hearing (typically within 21-60 days) for temporary support and custody orders.
- Participate in discovery — exchange financial documents, interrogatories, and deposition testimony.
- Proceed to trial or negotiate a property settlement agreement before the final decree hearing.
In Colonial Heights, fault-based divorce carries no criminal penalty but affects property division, spousal support, and attorney fee awards under Va. Code § 20-107.3.
| Fault Ground | Classification | Waiting Period | Impact on Property | Impact on Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Court considers fault in equitable distribution | May bar spousal support for adulterous spouse | Attorney fee award possible |
| Cruelty | Fault ground | None | Court considers fault in equitable distribution | May increase support for victim spouse | Protective order possible |
| Desertion | Fault ground | 1 year | Court considers fault in equitable distribution | May affect support calculations | Abandonment documented |
| Felony Conviction | Fault ground | 1+ year imprisonment | Court considers fault in equitable distribution | May affect support calculations | Incarceration period relevant |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience and 4,739+ documented case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a landmark achievement that directly impacts fault-based divorce cases in Colonial Heights. The firm’s tagline is “Advocacy Without Borders.”
Law Offices Of SRIS, P.C. has 4 total documented case results across all practice areas in Colonial Heights courts, with a 100% favorable outcome rate. These results include dismissals and reductions in traffic and reckless driving matters. Firm-wide, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location serves clients at Colonial Heights courts (550 Boulevard). Colonial Heights is accessible via I-95, I-295, Route 1, Route 144 (Temple Avenue), and Route 36. Near Southpark Mall and the James River.
Fault Based Divorce Lawyer near Colonial Heights — serving Colonial Heights and surrounding communities.
Neighborhoods served: Colonial Heights.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
What are the fault grounds for divorce in Colonial Heights, Virginia?
Yes. Virginia recognizes four fault grounds: adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (1 year), and felony conviction (1+ year imprisonment). Filed at Colonial Heights Circuit Court under Va. Code § 20-91.
How long does a fault-based divorce take in Colonial Heights?
It depends. Uncontested fault divorce with signed agreement: 2-4 months. Contested fault divorce: 9-18 months. Complex cases with business valuation: 12-24 months. Pendente lite hearing typically set within 21-60 days of motion.
How much does a fault-based divorce cost in Colonial Heights?
Circuit Court filing fee: approximately $86. Sheriff service: $12. Private process server: $50-$100. Guardian ad Litem for custody: $500-$2,500+. Mediation: $100-$300/hour per party. Additional costs for forensic accountants if needed.
Is Virginia a community property state for fault-based divorce?
No. Virginia is an equitable distribution state. The court divides marital property fairly but not necessarily 50/50 under Va. Code § 20-107.3 (personally amended by Mr. Sris). Fault grounds can affect the division. Colonial Heights Circuit Court handles all property division.
How is child custody decided in a fault-based divorce in Colonial Heights?
Custody is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors. Fault grounds may be relevant if they affect parenting ability. Colonial Heights J&DR Court handles standalone custody; Circuit Court handles custody within divorce cases.
Related pages: Virginia Family Law Lawyer | Henrico County Family Law Lawyer | Chesterfield County Family Law Lawyer | Colonial Heights Criminal Defense Lawyer | Colonial Heights DUI Lawyer
Attorney profile: Bryan Block | Location: Richmond Office
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.