A Fault Based Divorce Lawyer Fredericksburg helps you file under Va. Code § 20-91 for adultery, cruelty, or desertion — no separation period required. Law Offices Of SRIS, P.C. has 6 documented case results in Fredericksburg. Mr. Sris personally amended Va. Code § 20-107.3.
Last verified: April 2026 | Fredericksburg General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law under Va. Code § 20-91 provides four fault grounds for divorce: adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (abandonment for one year), and felony conviction (imprisonment for one year or more). Unlike no-fault divorce requiring a 6-month or 1-year separation, fault grounds allow immediate filing. A Fault Based Divorce Lawyer Fredericksburg can pursue these grounds at Fredericksburg Circuit Court, 701 Princess Anne St, Suite 200. The court evaluates evidence including witness testimony, documentation, and corroborating proof. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving the firm unique insight into how fault impacts property division.
For fault-based divorce specifically, the controlling statute is Va. Code § 20-91, which defines each fault ground and its evidentiary requirements. An at-fault divorce lawyer Fredericksburg must prove the specific ground by a preponderance of the evidence. Adultery requires proof of both opportunity and inclination. Cruelty requires showing a reasonable fear of harm. Desertion requires one year of continuous abandonment. Felony conviction requires proof of the conviction and one year of imprisonment. These fault grounds can affect spousal support, equitable distribution, and attorney’s fees under Va. Code § 20-107.3.
Review the official statute: Va. Code § 20-91 (divorce grounds — official Virginia General Assembly). Court procedures: Fredericksburg General District Court (official vacourts.gov).
Fredericksburg Circuit Court requires a corroborating witness for fault-based divorce hearings. Your witness must have personal knowledge of the facts supporting the fault ground. The court schedules fault-based hearings within 60-90 days of filing. Prosecutors in Fredericksburg Circuit Court routinely scrutinize adultery claims for collusion between spouses.
- File a complaint for divorce at Fredericksburg Circuit Court stating the specific fault ground under Va. Code § 20-91.
- Serve the complaint on your spouse through sheriff service ($12) or private process server ($50-$100).
- Attend the pendente lite hearing (21-60 days) for temporary support, custody, and exclusive use of marital home.
- Complete discovery including interrogatories, document requests, and depositions to prove the fault ground.
- Participate in mediation (optional but encouraged) to resolve property and custody issues.
- Present evidence at trial — corroborating witness testimony is mandatory for fault grounds.
In Fredericksburg, fault-based divorce carries no criminal penalties but affects spousal support, equitable distribution, and attorney’s fees under Va. Code § 20-107.3.
| Fault Ground | Waiting Period | Impact on Support | Impact on Property | Evidence Required | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | None | Bar to spousal support for adulterous spouse | Court may award more to innocent spouse | Opportunity + inclination; corroborating witness | Attorney’s fees may be awarded against adulterous spouse |
| Cruelty | None | May affect support amount | Court considers fault in division | Reasonable fear of bodily harm; corroborating witness | Protective order may be issued |
| Desertion | 1 year continuous | May affect support | Court considers fault | Proof of abandonment for 1 year | Abandoned spouse may get exclusive use of home |
| Felony Conviction | 1+ year imprisonment | May terminate support obligation | Court considers fault | Certified conviction record | Incarcerated spouse may have limited participation |
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 with a 93%+ favorable outcome rate firm-wide across VA, MD, DC, NJ, and NY. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a credential no other Fredericksburg family law firm can claim. This amendment directly affects how fault grounds impact property division in divorce cases. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, Owner & CEO, Managing Attorney, founded the firm in 1997. Former prosecutor. Bar admissions: VA, MD, DC, NJ, NY. Personally amended Va. Code § 20-107.3. Background in accounting & information systems provides unique advantage in financial/tech cases.
Law Offices Of SRIS, P.C. has 6 total documented case results across all practice areas in Fredericksburg with an 83% favorable outcome rate. Firm-wide across VA, MD, DC, NJ, and NY: 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location serves clients at Fredericksburg courts (701 Princess Anne St), accessible via I-95, Route 1, Route 3, and Route 17. A Fault Based Divorce Lawyer Fredericksburg near Historic Downtown Fredericksburg and the University of Mary Washington. Serving Fredericksburg and surrounding communities. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
How long does a fault-based divorce take in Fredericksburg, Virginia?
It depends. Uncontested fault divorce: 2-4 months from filing. Contested fault divorce: 9-18 months. Complex cases with business valuation: 12-24 months. Pendente lite hearing: 21-60 days.
How much does a fault-based divorce cost in Fredericksburg, Virginia?
It depends. Circuit Court filing fee: approximately $86. Sheriff service: $12. Private process server: $50-$100. Guardian ad Litem: $500-$2,500+. Mediation: $100-$300/hour per party.
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 (personally amended by Mr. Sris).
How is child custody decided in a fault-based divorce in Fredericksburg?
Custody is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors. Fredericksburg J&DR Court handles standalone custody. Fredericksburg Circuit Court handles custody within divorce.
What are the fault grounds for divorce in Virginia?
Adultery (no waiting period), cruelty (reasonable fear of bodily harm), desertion (1 year continuous abandonment), and felony conviction (1+ year imprisonment). Filed at Fredericksburg Circuit Court.
For more information: Virginia Family Law Lawyer | Fairfax County Divorce Lawyer | Prince William County Divorce Lawyer | Criminal Defense Lawyer Fredericksburg | DUI Lawyer Fredericksburg | Attorney Profile | Fairfax 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.