In Fauquier County, Virginia, a fault-based divorce under Va. Code § 20-91 allows you to file immediately for adultery, cruelty, or desertion without the standard separation period. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County. A Fault Based Divorce Lawyer Fauquier County can help you prove grounds and protect your rights.
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law provides specific fault grounds for divorce. An at-fault divorce lawyer Fauquier County understands that proving grounds like adultery, cruelty, or desertion can affect spousal support and property division. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, giving the firm unique insight into how fault impacts financial outcomes.
Under Va. Code § 20-91, the recognized fault grounds for divorce lawyer Fauquier County clients rely on include: adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (one year), and felony conviction (one year imprisonment). Each ground requires specific evidence and corroboration.
Fauquier County Circuit Court at 6 Court Street, Warrenton handles all divorce proceedings. The filing fee is approximately $86. Service of process costs about $12 for sheriff service or $50-$100 for a private process server. Pendente lite motions for temporary support typically get scheduled within 21-60 days.
For a fault-based divorce, you must prove the ground by a preponderance of the evidence. Adultery requires proof of opportunity and inclination. Cruelty requires showing a pattern of conduct that endangers life, limb, or health. Desertion requires showing one year of willful abandonment without consent.
Mr. Sris, founder of Law Offices Of SRIS, P.C., has over 120 years of combined firm experience and a 93%+ favorable outcome rate across 4,739+ cases. His personal amendment of Va. Code § 20-107.3 demonstrates deep knowledge of Virginia family law.
- Identify Grounds: Determine which fault ground applies — adultery, cruelty, desertion, or felony conviction. Each has different evidence requirements.
- Gather Evidence: Collect documentation: text messages, emails, photos, financial records, witness statements, or investigator reports supporting your claim.
- File Complaint: Your attorney files a complaint for divorce at Fauquier County Circuit Court stating the specific fault ground and requesting relief.
- Serve Papers: Serve the complaint on your spouse through sheriff, private process server, or certified mail. Proof of service is required.
- Prove Grounds: At the hearing, present evidence and corroborating witnesses. The court determines whether the fault ground is proven.
- Final Decree: If grounds are proven, the court enters a final divorce decree addressing property division, support, and custody.
In Fauquier County, a fault-based divorce under Va. Code § 20-91 carries no mandatory separation period for adultery, but requires proof by preponderance of evidence.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault Ground | None | None | None | May affect spousal support and property division |
| Cruelty | Fault Ground | None | None | None | Reasonable apprehension of bodily harm required |
| Desertion | Fault Ground | None | None | None | One year willful abandonment without consent |
| Felony Conviction | Fault Ground | 1+ year | Varies | None | Must be convicted and imprisoned for one year |
Results may vary. Prior results do not guarantee a similar outcome.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Law Offices Of SRIS, P.C. has 73 total documented case results across all practice areas in Fauquier County with a 97% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax Location is approximately 30 miles from Fauquier County Circuit Court, accessible via I-66, Route 29, and Route 17. We serve clients throughout Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. A Fault Based Divorce Lawyer Fauquier County is available for consultation.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Q: Can I file for divorce immediately if my spouse committed adultery in Fauquier County?
Yes. Adultery under Va. Code § 20-91 has no waiting period. You must prove opportunity and inclination through evidence like texts, emails, or investigator reports. Corroboration is required.
Q: How long does a fault-based divorce take in Fauquier County?
It depends. A contested fault-based divorce typically takes 9-18 months from filing to final decree. Uncontested fault divorces with signed agreements can finalize in 2-4 months.
Q: Does fault affect property division in Virginia?
Yes. Under Va. Code § 20-107.3 (personally amended by Mr. Sris), the court considers fault in equitable distribution. Adultery or cruelty can reduce a spouse’s share of marital property.
Q: What evidence do I need for a cruelty divorce in Fauquier County?
You need proof of a pattern of conduct causing reasonable apprehension of bodily harm. Medical records, police reports, witness statements, and documented incidents are essential.
Q: Can I get spousal support if I prove fault in my divorce?
It depends. The court considers fault among 13 factors under Va. Code § 20-107.1. Adultery by the paying spouse can support a spousal support award. Cruelty may also be considered.
Q: Is mediation required for fault-based divorces in Fauquier County?
No. Mediation is not mandatory in Virginia for fault-based divorces. However, the court may order mediation for custody or property issues. Many cases resolve through negotiation.
Q: What happens if I cannot prove the fault ground?
If you cannot prove the fault ground, the court may dismiss the fault claim. You can then proceed with a no-fault divorce after the required separation period: 6 months without minor children or 1 year with minor children.
Q: How much does a fault-based divorce cost in Fauquier County?
The Circuit Court filing fee is approximately $86. Sheriff service costs about $12. Private process server: $50-$100. Guardian ad Litem for custody: $500-$2,500+. Mediation: $100-$300/hour per party.