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 can help you understand 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. It is a fault-based ground for divorce under Va. Code § 20-91(1). Unlike no-fault divorce, which requires a separation period, adultery has no waiting period. However, the spouse alleging adultery must prove it by clear and convincing evidence, which is a higher standard than in civil cases. Direct evidence is rare, so courts often rely on circumstantial evidence such as opportunity and inclination. An Adultery Divorce Lawyer Fairfax can evaluate the strength of the evidence in your case.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For adultery divorce specifically, the key statute is Va. Code § 20-91(1), which establishes adultery as a fault ground. Unlike the general divorce statute, this section requires no separation period when adultery is proven. The burden of proof is clear and convincing evidence, which is higher than the preponderance standard used in most civil cases.
Official Legal Resources
- Va. Code § 20-91 (Divorce grounds — official Virginia General Assembly)
- Fairfax County General District Court (official court website)
Insider Procedural Edge: Proving Adultery in Fairfax County
Fairfax County Circuit Court handles all divorce cases, including those based on adultery. The court requires corroborating evidence beyond the spouse’s testimony. Private investigators, financial records showing hotel charges or gifts, and text messages are common forms of proof. The court also considers whether the adultery affected the marital finances.
- Gather evidence: text messages, credit card statements, hotel receipts, and witness statements.
- File a complaint for divorce based on adultery at Fairfax County Circuit Court (4110 Chain Bridge Road).
- Serve the complaint on your spouse through the sheriff or a private process server.
- Attend a pendente lite hearing if temporary support or custody is needed.
- Participate in discovery to exchange evidence about the adultery and financial impact.
- Proceed to trial or negotiate a settlement based on the strength of the adultery evidence.
In Fairfax County, adultery as a divorce ground carries no criminal penalty but affects property division, spousal support, and attorney’s fees.
| Issue | Impact | Legal Standard |
|---|---|---|
| Property Division | Court may award a larger share to the innocent spouse | Equitable distribution under Va. Code § 20-107.3 |
| Spousal Support | Adultery bars spousal support for the guilty spouse | Va. Code § 20-107.1 |
| Attorney’s Fees | Court may order the guilty spouse to pay fees | Va. Code § 20-99 |
| Custody | Adultery alone does not bar custody | Best interests of the child under Va. Code § 20-124.3 |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Adultery Divorce Case?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. has over 120 years of combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, giving the firm unique insight into how adultery affects property division. The firm has 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide. Our team includes attorneys with backgrounds as former prosecutors and former law enforcement, providing a strategic advantage in building your case.
Mr. Sris, the firm’s founder and managing attorney, also handles complex adultery divorce cases involving business valuation and high-net-worth estates. He personally amended Va. Code § 20-107.3 and has over 25 years of family law experience.
Case Results in Fairfax County
Law Offices Of SRIS, P.C. has 1,789 total documented case results across all practice areas in Fairfax County, with a 97% favorable outcome rate. These results include divorce cases involving adultery, complex property division, and spousal support disputes.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax Location — Serving All of Fairfax County
Our Fairfax location is at 4008 Williamsburg Court, Fairfax, VA 22032, a short drive from the Fairfax County Circuit Court at 4110 Chain Bridge Road. We serve clients throughout Fairfax County including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
If you are searching for an Adultery Divorce Lawyer Fairfax, we are conveniently located near the Fairfax County Courthouse.
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.
Frequently Asked Questions About Adultery Divorce in Fairfax County
How long does an adultery divorce take in Fairfax County?
Yes, an adultery divorce can be finalized faster than a no-fault divorce because no separation period is required. From filing to final decree, expect 4-8 months for an uncontested case and 9-18 months if contested. Fairfax County Circuit Court handles all divorce cases.
Do I need to prove adultery in court?
Yes, you must prove adultery by clear and convincing evidence. Direct evidence is rare, so courts accept circumstantial evidence such as hotel receipts, text messages, and witness testimony. An Adultery Divorce Lawyer Fairfax can help you gather admissible evidence.
Can adultery affect child custody in Virginia?
It depends. Adultery alone does not automatically bar custody. The court decides custody based on the best interests of the child under Va. Code § 20-124.3. However, if the adultery exposed the child to harm or affected parenting, it may be considered.
Does adultery affect spousal support in Virginia?
Yes. Under Va. Code § 20-107.1, a spouse who commits adultery is barred from receiving spousal support. This is a complete bar, not a reduction. The innocent spouse can still receive support if otherwise eligible.
What is the filing fee for a divorce in Fairfax County?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs about $12, and a private process server costs $50-$100. Additional costs include Guardian ad Litem fees ($500-$2,500+) and mediation ($100-$300/hour per party).
Can I get a divorce if my spouse committed adultery but I forgave them?
It depends. Virginia law recognizes the defense of condonation — if you forgave your spouse and continued the marriage after learning of the adultery, you may lose the right to divorce on that ground. The court examines whether marital relations resumed after discovery.
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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.