In Fairfax County, adultery is a fault ground for divorce under Va. Code § 20-91 with no waiting period required. Law Offices Of SRIS, P.C. has 1,789 documented case results across all practice areas. An Adultery Divorce Lawyer Fairfax County can explain how adultery affects property division and spousal support.
What Is Adultery as a Ground for Divorce in Virginia?
Under Virginia law, adultery is defined as the voluntary sexual intercourse between a married person and someone other than their spouse. Va. Code § 20-91(A)(1) lists adultery as a fault ground for divorce. Unlike no-fault divorce, which requires a 6-month or 1-year separation period, adultery has no waiting period. The spouse alleging adultery must prove it by a preponderance of the evidence, which can include circumstantial evidence such as opportunity and inclination. Mr. Sris, founder of Law Offices Of SRIS, P.C. since 1997, personally amended Va. Code § 20-107.3, the equitable distribution statute that governs how marital property is divided when adultery is proven.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Adultery Divorce: Specific Legal Standards
Adultery as a divorce ground carries specific evidentiary requirements. The complaining spouse must prove both the opportunity and the adulterous inclination. Direct evidence of sexual intercourse is not required; circumstantial evidence is sufficient. Under Va. Code § 20-107.3, the court may consider adultery when dividing marital property and awarding spousal support. Unlike no-fault divorce, adultery can bar a guilty spouse from receiving spousal support in some circumstances. The Fairfax County Circuit Court handles all divorce cases involving adultery allegations.
For the complete statutory framework, review Va. Code § 20-91 (divorce grounds) on the Virginia General Assembly website and Fairfax County General District Court website for procedural information.
- Gather evidence of adultery, including text messages, emails, credit card statements, and witness statements.
- File a complaint for divorce based on adultery at Fairfax County Circuit Court, 4110 Chain Bridge Road, Suite 210.
- Serve the complaint on your spouse through the sheriff’s office or a private process server.
- Attend a pendente lite hearing if temporary support or custody is needed, typically set within 21-60 days.
- Participate in discovery, including depositions and document requests, to prove the adultery claim.
- Proceed to trial or negotiate a settlement that accounts for the adultery under equitable distribution rules.
In Fairfax County, adultery is not a criminal offense but serves as a fault ground for divorce affecting property division and spousal support under Va. Code § 20-107.3.
| Issue | Impact | Legal Standard |
|---|---|---|
| Divorce Ground | No waiting period | Va. Code § 20-91(A)(1) |
| Property Division | Court may consider adultery | Va. Code § 20-107.3 |
| Spousal Support | Guilty spouse may be barred | Va. Code § 20-107.1 |
| Child Custody | Adultery alone not determinative | Va. Code § 20-124.3 |
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+ total documented case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs how adultery affects property division in Virginia divorce cases. The firm’s tagline is “Advocacy Without Borders.”
Law Offices Of SRIS, P.C. has 1,789 total documented case results across all practice areas with a 97% favorable outcome rate. These results include dismissals, reductions, and favorable settlements in family law matters throughout Fairfax County.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is near the Fairfax County Circuit Court at 4110 Chain Bridge Road, accessible via I-66 and the Capital Beltway. If you need an Adultery Divorce Lawyer Fairfax County, we serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
4008 Williamsburg Court, Fairfax, VA 22032
By appointment only. 24/7 phone consultations.
Can I get a divorce in Virginia based on adultery without waiting?
Yes. Adultery under Va. Code § 20-91(A)(1) has no waiting period, unlike no-fault divorce which requires 6 months or 1 year of separation. You can file immediately upon discovering the adultery.
Does adultery affect property division in Fairfax County?
Yes. Under Va. Code § 20-107.3, the court may consider adultery when dividing marital property. The court can award a larger share of marital assets to the innocent spouse based on the circumstances.
How do I prove adultery in a Virginia divorce?
You must prove both opportunity and adulterous inclination by a preponderance of the evidence. Direct evidence is not required; circumstantial evidence such as text messages, credit card records, and witness testimony is sufficient.
Can adultery affect child custody in Fairfax County?
It depends. Adultery alone does not automatically affect custody. The court considers the best interests of the child under Va. Code § 20-124.3. Adultery may be relevant if it directly impacts the child’s well-being.
Will I lose spousal support if I committed adultery?
It depends. Under Va. Code § 20-107.1, the court may bar spousal support to a guilty spouse or reduce the amount. The court considers all 13 statutory factors, including the circumstances that led to the divorce.
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.