In Arlington County, adultery is a fault ground for divorce under Va. Code § 20-91 with no waiting period. Law Offices Of SRIS, P.C. has 115 documented case results in Arlington County. An Adultery Divorce Lawyer Arlington County can help you prove grounds and protect your rights. Consultation by appointment.
What Constitutes 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) establishes adultery as a fault ground for divorce, allowing the innocent spouse to file for divorce immediately — no separation period is required. Unlike no-fault divorce, which requires a 6-month or 1-year separation, adultery grounds permit filing as soon as the adultery is discovered. The burden of proof falls on the accusing spouse, who must present clear and convincing evidence of the adulterous relationship. Circumstantial evidence, such as proof of opportunity and inclination, may be sufficient if it leads to a reasonable inference of adultery. An infidelity divorce grounds lawyer Arlington County can evaluate your evidence and advise on the strength of your case.
Last verified: April 2026 | Arlington County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For adultery-based divorce, the specific statute is Va. Code § 20-91(A)(1), which provides that a divorce may be decreed on the ground of adultery committed by either spouse. This differs from no-fault grounds under § 20-91(A)(9) which require separation. The adultery ground carries no waiting period, making it a strategic option for spouses who wish to proceed immediately upon discovery of infidelity.
Review the official statute at Va. Code § 20-91 (official Virginia General Assembly). For court procedures, visit the Arlington County General District Court website.
In Arlington County Circuit Court, adultery cases require corroborating evidence beyond the spouse’s admission. The court expects proof such as hotel records, credit card statements, or witness testimony. A cheating spouse divorce lawyer Arlington County knows how to gather admissible evidence without violating privacy laws.
- Gather evidence of adultery — text messages, credit card records, hotel receipts, or witness statements.
- Consult with an Adultery Divorce Lawyer Arlington County to evaluate the strength of your evidence.
- File a complaint for divorce on fault grounds at Arlington County Circuit Court, 1425 N. Courthouse Rd.
- Serve the complaint on your spouse through the sheriff’s office or private process server.
- Attend the pendente lite hearing for temporary support and custody orders if needed.
- Proceed to trial or negotiate a property settlement agreement incorporating the adultery finding.
In Arlington County, adultery as a divorce ground carries no criminal penalty but affects equitable distribution, spousal support, and custody determinations under Va. Code § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (divorce ground) | Fault ground for divorce | None | None | None | May reduce or eliminate spousal support; may affect equitable distribution; may impact custody if adultery harmed children |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to Arlington County family law cases. With 4,739+ documented case results firm-wide and a 93%+ favorable outcome rate, our team provides strong representation. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, demonstrating deep knowledge of Virginia family law. Our tagline: “Advocacy Without Borders.”
Our team also includes Mr. Sris, founder and managing attorney, who personally amended Va. Code § 20-107.3 and brings former prosecutor insight to every case.
Law Offices Of SRIS, P.C. has 115 total documented case results across all practice areas in Arlington County, with a 100% favorable outcome rate. Firm-wide, we have 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 Arlington location is near the Arlington County Courthouse at 1425 N. Courthouse Rd, accessible via I-395 and Route 50. If you need an Adultery Divorce Lawyer Arlington County near Arlington, we serve clients throughout the area.
Neighborhoods served: Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, Shirlington.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Can I get a divorce in Virginia based on adultery alone?
Yes. Adultery is a fault ground for divorce under Va. Code § 20-91(A)(1) with no waiting period. You must prove the adultery by clear and convincing evidence.
How does adultery affect property division in Arlington County?
It depends. Under Va. Code § 20-107.3, the court may consider adultery as a factor in equitable distribution, potentially reducing the adulterous spouse’s share of marital property.
Does adultery affect child custody in Virginia?
It depends. Adultery alone does not automatically affect custody. The court considers the best interests of the child under Va. Code § 20-124.3, and adultery is relevant only if it directly impacts the child’s welfare.
How long does an adultery divorce take in Arlington County?
It depends. Uncontested adultery divorce: 2-4 months from filing. Contested adultery divorce: 9-18 months, depending on complexity of evidence and whether a trial is needed.
Do I need a lawyer for an adultery divorce in Arlington County?
Yes. Proving adultery requires specific evidence and legal strategy. An Adultery Divorce Lawyer Arlington County can help you gather admissible evidence and handle court procedures.
For more information, visit our Virginia Divorce & Family Lawyer hub page. If you are in a nearby area, see our Alexandria divorce lawyer page. For other legal needs in Arlington County, explore our Arlington criminal defense lawyer page.
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.