In Madison County, adultery is a fault ground for divorce under Va. Code § 20-91 with no waiting period. Law Offices Of SRIS, P.C. has 45 documented case results in the area. An Adultery Divorce Lawyer Madison County can help you prove the grounds and protect your rights.
Last verified: April 2026 | Madison County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law defines adultery as voluntary sexual intercourse between a married person and someone other than their spouse. Under Va. Code § 20-91, adultery is a fault ground for divorce with no required separation period. An Adultery Divorce Lawyer Madison County can explain how this affects your case. The court considers adultery when dividing property and determining spousal support. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, giving the firm unique insight into how fault impacts property division.
For more information, visit the Madison County Circuit Court website.
- File a complaint for divorce based on adultery at Madison County Circuit Court.
- Serve the complaint on your spouse through the sheriff’s office or private process server.
- Gather evidence of adultery, including communications, financial records, or witness statements.
- Attend a pendente lite hearing if temporary support or custody is needed.
- Participate in discovery, including depositions and document requests.
- Proceed to trial or negotiate a settlement based on the evidence.
In Madison County, adultery divorce carries no waiting period but requires proof by a preponderance of the evidence. The court may consider fault when dividing marital property and awarding spousal support.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (Ground for Divorce) | Fault Ground | N/A | N/A | N/A | May affect property division, spousal support, and custody |
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 45 total documented case results across all practice areas in Madison County, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate. A cheating spouse divorce lawyer Madison County can help you understand how adultery affects your case.
Law Offices Of SRIS, P.C. — Fairfax Location
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax Location serves clients at Madison County courts (1 Main Street), accessible via Route 29 and Route 231. We serve the Madison community. An Adultery Divorce Lawyer Madison County is available 24/7 at (888) 437-7747.
How long does a divorce take in Madison County, Virginia?
Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution with business valuation or retirement assets: 12-24 months; pendente lite hearing for temporary support and custody: typically set within 21-60 days of motion Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault. Madison County Circuit Court handles all divorces. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party 45 total documented case results across all practice areas (100% favorable outcome rate)
How much does a divorce cost in Madison County, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Madison County General District Court.
Is Virginia a community property state?
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). Madison County Circuit Court (1 Main Street, Madison, VA 22727) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Madison County, Virginia?
Custody in Madison County is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Madison County J&DR Court handles standalone custody. Madison County Circuit Court handles custody within divorce cases. 45 total documented case results across all practice areas (100% favorable outcome rate)
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Madison County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party
Can I get a divorce for adultery in Virginia without a separation period?
Yes. Adultery is a fault ground under Va. Code § 20-91 that requires no separation period. You must prove the adultery by a preponderance of the evidence. An Adultery Divorce Lawyer Madison County can help you gather the necessary proof and file your case at Madison County Circuit Court.