In Fredericksburg, adultery is a fault ground for divorce under Va. Code § 20-91 with no waiting period required. Law Offices Of SRIS, P.C. has 6 documented case results in Fredericksburg courts. An Adultery Divorce Lawyer Fredericksburg can help you protect your rights and assets. Consultation by appointment.
Last verified: April 2026 | Fredericksburg 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-based 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. Direct evidence is not required — circumstantial evidence such as opportunity and inclination may suffice. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in all Virginia divorces, including those based on adultery.
Adultery divorce in Virginia is governed by Va. Code § 20-91(A)(1), which provides that adultery is a fault ground for divorce from the bond of matrimony. Unlike no-fault divorce, adultery requires no separation period. The complaining spouse must prove the adultery occurred. Virginia courts have held that proof of adultery can be established through circumstantial evidence, including proof of opportunity and adulterous inclination. The infidelity divorce grounds lawyer Fredericksburg team at SRIS, P.C. understands the evidentiary standards required to prove or defend against adultery allegations.
For the official Virginia statute on divorce grounds, see Va. Code § 20-91 (official Virginia General Assembly). For the Fredericksburg Circuit Court, visit Fredericksburg General District Court website (.gov).
Fredericksburg Circuit Court handles all divorce cases, including those based on adultery. The court requires a corroborating witness for an uncontested divorce hearing. For contested adultery cases, discovery may include subpoenas for phone records, credit card statements, and hotel receipts. A property settlement agreement can resolve financial issues without trial.
- File a complaint for divorce at Fredericksburg Circuit Court (701 Princess Anne St, Suite 200).
- Serve the complaint on your spouse through sheriff or private process server.
- File a pendente lite motion for temporary support and custody (typically set within 21-60 days).
- Engage in discovery to gather evidence of adultery or defend against allegations.
- Attend mediation (available but not mandatory in Virginia).
- Proceed to trial if no settlement is reached; the court will divide property under Va. Code § 20-107.3.
In Fredericksburg, adultery divorce carries no criminal penalty but affects property division, spousal support, and custody determinations under Virginia law.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (Divorce Ground) | Fault Ground — Civil | None | None | None | May bar spousal support; affects equitable distribution |
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 has documented 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a landmark achievement that directly impacts every divorce case in the state. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, Owner & CEO and Managing Attorney, also handles complex family law matters. He is a former prosecutor, founded the firm in 1997, and 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 6 total documented case results across all practice areas in Fredericksburg, with an 83% 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 Fairfax location serves clients at Fredericksburg courts (701 Princess Anne St). The Fairfax office is accessible via I-95, Route 1, Route 3, and Route 17. Serving Fredericksburg and surrounding communities.
Adultery divorce lawyer near Fredericksburg — near Historic Downtown Fredericksburg and the University of Mary Washington.
Neighborhoods served: Fredericksburg.
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How long does a divorce take in Fredericksburg, Virginia?
It depends. 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: 12-24 months. Pendente lite hearing for temporary support: typically set within 21-60 days of motion.
How much does a divorce cost in Fredericksburg, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Guardian ad Litem for custody: typically $500-$2,500+. Mediation: $100-$300/hour per party.
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). Fredericksburg Circuit Court handles all property division.
How is child custody decided in Fredericksburg, Virginia?
Custody in Fredericksburg 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. Fredericksburg J&DR Court handles standalone custody.
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 Fredericksburg Circuit Court.
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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 updated guidance.