In Henrico County, adultery is a fault ground for divorce under Va. Code § 20-91 with no waiting period; Law Offices Of SRIS, P.C. has 21 documented case results in Henrico County. An Adultery Divorce Lawyer Henrico County can explain how adultery affects spousal support and equitable distribution.
Virginia Adultery Divorce Laws in Henrico County
Under Virginia law, adultery is a fault ground for divorce under Va. Code § 20-91(A)(1). Unlike no-fault divorce (which requires a 6-month or 1-year separation), adultery allows you to file immediately without any waiting period. The spouse alleging adultery must prove it by a preponderance of the evidence — meaning it is more likely than not that the adultery occurred. Direct evidence (such as eyewitness testimony) is not required; circumstantial evidence, including opportunity and inclination, may be sufficient. An Adultery Divorce Lawyer Henrico County can help you gather the necessary evidence and build your case.
Last verified: April 2026 | Henrico County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
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, the equitable distribution statute, giving our firm unique insight into Virginia family law.
Adultery as a Fault Ground for Divorce
Adultery is defined under Va. Code § 20-91(A)(1) as voluntary sexual intercourse between a married person and someone other than their spouse. Unlike no-fault divorce, adultery requires proof and carries specific legal consequences. An infidelity divorce grounds lawyer Henrico County can explain how adultery affects your case, including potential impacts on spousal support and property division. The court considers adultery as a factor in equitable distribution under Va. Code § 20-107.3, which Mr. Sris personally amended.
For more information on Virginia divorce laws, see the Virginia Code Title 20 (Domestic Relations) and the Henrico County General District Court website.
Insider Procedural Edge: Proving Adultery in Henrico County
Henrico County Circuit Court handles all divorce cases, including adultery-based divorces. The court requires clear and convincing evidence of adultery. Direct evidence is rare; most cases rely on circumstantial evidence.
In Henrico County, prosecutors and family court judges routinely see adultery cases involving text messages, credit card statements, and private investigator reports. A cheating spouse divorce lawyer Henrico County knows how to present this evidence effectively.
- Step 1: Gather evidence of adultery (texts, emails, credit card statements, photos, witness statements).
- Step 2: File a complaint for divorce based on adultery at Henrico County Circuit Court (4301 East Parham Road).
- Step 3: Serve the complaint on your spouse through the sheriff or a private process server.
- Step 4: Attend a pendente lite hearing for temporary support and custody if needed (typically set within 21-60 days).
- Step 5: Participate in discovery, including depositions and document requests.
- Step 6: Attend trial or reach a settlement agreement before the final hearing.
In Henrico County, adultery divorce carries no criminal penalty but affects spousal support, property division, and custody determinations under Virginia law.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (Divorce Ground) | Fault Ground for Divorce | None (civil matter) | None (civil matter) | None | May affect spousal support, equitable distribution, and custody |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Henrico County Adultery Divorce?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. has over 120 years of combined legal experience. Our firm has 4,739+ documented case results across all practice areas with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute — a credential no other family law firm in Virginia can claim. Our tagline is “Advocacy Without Borders.”
Our Henrico County family law team includes Mr. Sris and Samantha Rae Powers, who bring decades of combined experience to every case. We understand the local courts, judges, and procedures in Henrico County.
Henrico County Case Results
Law Offices Of SRIS, P.C. has 21 total documented case results across all practice areas in Henrico County, with a 100% favorable outcome rate. Our firm-wide results include 4,739+ cases with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Results may vary. Prior results do not guarantee a similar outcome.
Our Henrico County Location
Our Richmond location serves clients at Henrico County courts (4301 East Parham Road), accessible via I-64, I-95, I-295, Route 250 (Broad Street), Route 1, and Route 33.
Looking for an Adultery Divorce Lawyer Henrico County near you? We serve clients near Short Pump Town Center, Innsbrook Corporate Center, Richmond International Airport, and Regency Square.
We serve the communities of Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville (partial).
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Adultery Divorce in Henrico County
Can I get a divorce based on adultery in Henrico County?
Yes. Adultery is a fault ground for divorce under Va. Code § 20-91(A)(1) with no waiting period. You must prove adultery by a preponderance of the evidence. An Adultery Divorce Lawyer Henrico County can help you build your case.
How does adultery affect spousal support in Henrico County?
It depends. Under Va. Code § 20-107.1, the court may consider adultery as a factor in spousal support. If the supported spouse committed adultery, the court may reduce or deny support. An infidelity divorce grounds lawyer Henrico County can explain the specifics.
Does adultery affect property division in Virginia?
Yes. Under Va. Code § 20-107.3 (personally amended by Mr. Sris), the court may consider adultery as a factor in equitable distribution. The court can award a larger share of marital property to the innocent spouse. A cheating spouse divorce lawyer Henrico County can advise you.
How long does an adultery divorce take in Henrico County?
It depends. Uncontested adultery divorce: 2-4 months from filing. Contested adultery divorce: 9-18 months. Complex cases with business valuation or retirement assets: 12-24 months. Pendente lite hearings are typically set within 21-60 days.
What evidence do I need to prove adultery in Henrico County?
Direct evidence is not required. Circumstantial evidence — including text messages, emails, credit card statements, hotel receipts, private investigator reports, and witness testimony — can be sufficient. An Adultery Divorce Lawyer Henrico County can help you gather admissible evidence.
Can I file for divorce based on adultery if I also committed adultery?
It depends. Virginia recognizes the defense of recrimination — if both spouses committed adultery, the court may deny the divorce on fault grounds. You may need to pursue a no-fault divorce instead. A cheating spouse divorce lawyer Henrico County can evaluate your situation.
Related Pages:
- Virginia Family Law Lawyer
- Chesterfield County Divorce Lawyer
- Hanover County Divorce Lawyer
- Henrico County Criminal Defense Lawyer
- Henrico County DUI Lawyer
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.