A Fault Based Divorce Lawyer Henrico County handles adultery, cruelty, desertion, and felony conviction grounds under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 21 documented case results in Henrico County. Mr. Sris personally amended Va. Code § 20-107.3. Consultation by appointment.
Fault Based Divorce Lawyer Henrico County — What Are Your Legal Grounds?
Last verified: April 2026 | Henrico County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law provides specific fault grounds for divorce lawyer Henrico County clients can pursue. Under Va. Code § 20-91, fault-based divorce 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. An at-fault divorce lawyer Henrico County can help you prove these grounds in court. Unlike no-fault divorce, fault-based divorce does not require a separation period for adultery. The Henrico County Circuit Court at 4301 East Parham Road handles all divorce filings. Filing fee for a divorce complaint is approximately $86. Service of process costs $12 (sheriff) or $50-$100 (private process server).
Review the official Virginia statute: Va. Code § 20-91 (divorce grounds). Visit the Henrico County General District Court website for local court information.
In Henrico County Circuit Court, fault-based divorce requires corroborating witness testimony. The court expects independent evidence beyond the spouse’s admission. An at-fault divorce lawyer Henrico County must prepare witnesses who can testify to the specific fault ground alleged.
- Identify fault ground: Determine which ground — adultery, cruelty, desertion, or felony conviction — applies to your situation.
- Gather evidence: Collect texts, emails, financial records, photos, or witness statements proving the fault ground.
- File complaint: File a divorce complaint at Henrico County Circuit Court, 4301 East Parham Road, listing the specific fault ground.
- Serve spouse: Have the sheriff or a private process server deliver the complaint to your spouse.
- Prove fault at hearing: Present corroborating evidence and witnesses at the divorce hearing before a judge.
- Obtain final decree: Receive the final divorce decree once the court finds the fault ground proven.
In Henrico County, fault-based divorce under Va. Code § 20-91 can affect property division, spousal support, and attorney fee awards.
| Fault Ground | Waiting Period | Evidence Required | Impact on Property Division | Impact on Spousal Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | None | Corroborating witness, financial records, communications | Court may award more marital property to innocent spouse | May bar spousal support for adulterous spouse | Attorney fees may be awarded against adulterous spouse |
| Cruelty | None | Medical records, police reports, witness testimony | Court considers fault in equitable distribution | May affect spousal support amount | Protective orders may be issued |
| Desertion | 1 year | Proof of abandonment with intent to desert | Court may consider desertion in division | May affect spousal support | Must prove willful abandonment |
| Felony Conviction | 1+ year imprisonment | Certified conviction records | Court considers circumstances | May affect support obligations | Must prove conviction and incarceration |
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 with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a unique credential that demonstrates deep knowledge of Virginia family law. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, Owner & CEO and Managing Attorney, founded the firm in 1997. He is a former prosecutor who personally amended Va. Code § 20-107.3. He is admitted to practice in VA, MD, DC, NJ, and NY.
Law Offices Of SRIS, P.C. has 21 total documented case results across all practice areas in Henrico County, with a 100% 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.
Our Richmond location serves clients at Henrico County courts (4301 East Parham Road), accessible via I-64, I-95, I-295, Route 250 (Broad Street), Route 1, and Route 33. We serve Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville (partial).
Searching for a Fault Based Divorce Lawyer Henrico County near you? Our office is near Short Pump Town Center and Innsbrook Corporate Center.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
7400 Beaufont Springs Dr, Ste 300, Rm 395, Richmond, VA 23225
24/7 phone consultations. By appointment only.
How long does a fault-based divorce take in Henrico County?
Yes. Uncontested fault divorce with signed agreement: 2-4 months. Contested fault divorce: 9-18 months. Adultery has no waiting period. Cruelty requires no separation. Desertion requires 1-year separation. Felony conviction requires 1+ year imprisonment.
What evidence do I need for a fault-based divorce in Henrico County?
It depends. Adultery requires corroborating witness or financial records. Cruelty needs medical records or police reports. Desertion needs proof of abandonment. Felony conviction needs certified court records. Corroborating witness testimony is required for all fault grounds.
Can I get spousal support in a fault-based divorce in Henrico County?
Yes. Spousal support is determined by 13 statutory factors under Va. Code § 20-107.1. Adultery by the spouse seeking support may bar support. Cruelty, desertion, and felony conviction may affect the amount. The court has discretion.
Is Virginia a community property state for fault-based divorce?
No. Virginia is an equitable distribution state. Marital property is divided fairly, not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Fault can affect the division.
How is child custody decided in a fault-based divorce in Henrico County?
It depends. Custody is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors. Fault in the marriage does not automatically affect custody. Henrico County J&DR Court handles standalone custody matters.
What are the costs of a fault-based divorce in Henrico County?
Circuit Court filing fee: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Guardian ad Litem for custody: $500-$2,500+. Mediation: $100-$300/hour per party. Attorney fees vary.
Can I file for fault-based divorce without a lawyer in Henrico County?
Yes. You can file pro se. However, fault-based divorce requires corroborating evidence and proper court procedure. Mistakes in filing can delay the case. An attorney can help ensure proper documentation and evidence presentation.
What happens if my spouse contests the fault ground in Henrico County?
It depends. If your spouse denies the fault ground, the court will hold an evidentiary hearing. You must prove the ground by a preponderance of the evidence. Failure to prove the ground may result in dismissal or conversion to no-fault divorce.
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Nearby localities: Chesterfield County Divorce Lawyer | Hanover County Divorce Lawyer
Related services in Henrico County: Criminal Defense Lawyer Henrico County | DUI/DWI Lawyer Henrico County
View attorney profile: Bryan Block, Former Virginia State Trooper
Visit our Richmond Office location.
Last verified: April 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.