In Alexandria, Virginia, fault-based divorce under Va. Code § 20-91 allows you to file immediately on grounds like adultery or cruelty, bypassing the standard separation period. A Fault Based Divorce Lawyer Alexandria from Law Offices Of SRIS, P.C. can help you prove these grounds in Alexandria Circuit Court. We have handled 4,739+ firm-wide case results.
Last verified: 2026-04 | Alexandria General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law provides specific fault grounds for divorce under Va. Code § 20-91. Unlike no-fault divorce, which requires a 6-month or 1-year separation, fault grounds allow you to file immediately. The Fault Based Divorce Lawyer Alexandria team at Law Offices Of SRIS, P.C. understands these statutory requirements. Founded in 1997 by former prosecutor Mr. Sris, the firm has over 120 years of combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, demonstrating deep knowledge of Virginia family law.
For the complete statutory language on fault grounds, see Va. Code § 20-91 (official Virginia General Assembly). For court procedures and filing requirements, visit the Alexandria General District Court website.
In Alexandria Circuit Court, proving fault grounds requires corroborating evidence. A witness must support your testimony. For adultery, you need proof of opportunity and inclination. For cruelty, medical records or police reports strengthen your case. Desertion requires proof of one year of continuous separation with intent to abandon.
- Step 1: Identify Your Ground — Determine which fault ground applies: adultery, cruelty, desertion (1 year), or felony conviction (1+ year imprisonment).
- Step 2: Gather Evidence — Collect corroborating evidence: text messages, photographs, medical records, or witness statements.
- Step 3: File the Complaint — File a complaint for divorce at Alexandria Circuit Court, 520 King Street, 2nd Floor, Alexandria, VA 22320.
- Step 4: Serve Your Spouse — Serve the complaint on your spouse through sheriff service ($12) or private process server ($50-$100).
- Step 5: Attend Hearing — Present your evidence at the final hearing. Your corroborating witness must testify.
In Alexandria, Virginia, fault-based divorce under Va. Code § 20-91 allows immediate filing without a separation period, but requires proof of specific grounds.
| Ground | Classification | Separation Required | Evidence Needed | Additional Requirements |
|---|---|---|---|---|
| Adultery | Fault Ground | None | Opportunity + inclination | Corroborating witness required |
| Cruelty | Fault Ground | None | Physical or mental cruelty | Reasonable apprehension of bodily harm |
| Desertion | Fault Ground | 1 year continuous | Intent to abandon | Must be willful and without consent |
| Felony Conviction | Fault Ground | None | Conviction + 1+ year imprisonment | Must be sentenced to actual incarceration |
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 handled 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC. Our Fault Based Divorce Lawyer Alexandria team includes Samantha Rae Powers, who brings 18+ years of experience and a Ph.D. in Communication from UC Santa Barbara. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, a unique credential that demonstrates deep understanding of Virginia family law.
SRIS actively practices in Alexandria. Firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes across VA, MD, NJ, NY, and DC. In Alexandria General District Court, we have obtained nolle prosequi dispositions in assault cases under Virginia 18.2-57.
Results may vary. Prior results do not guarantee a similar outcome.
Our Arlington location is approximately 5 miles from Alexandria Circuit Court, accessible via I-395 and Route 1. If you need a Fault Based Divorce Lawyer Alexandria near Old Town or Del Ray, we serve all Alexandria neighborhoods including Old Town, Del Ray, and Kingstowne.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only.
What are the fault grounds for divorce in Virginia?
Yes. Virginia recognizes four fault grounds under Va. Code § 20-91: adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (1 year continuous), and felony conviction (1+ year imprisonment). Each requires corroborating evidence.
Do I need a witness for a fault-based divorce in Alexandria?
Yes. Virginia law requires at least one corroborating witness for any divorce hearing, including fault-based divorces. The witness must have firsthand knowledge of the facts supporting the fault ground and testify in court.
How long does a fault-based divorce take in Alexandria?
It depends. A fault-based divorce with adultery can be finalized in 2-4 months if uncontested. Contested fault divorces take 9-18 months due to discovery, hearings, and trial scheduling at Alexandria Circuit Court.
Can I get a divorce for adultery without a separation period?
Yes. Adultery is a fault ground under Va. Code § 20-91 that requires no separation period. You can file immediately. However, you must prove both opportunity and inclination through corroborating evidence.
What is the difference between fault and no-fault divorce in Virginia?
No-fault divorce requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children). Fault divorce allows immediate filing but requires proving the ground with corroborating evidence at Alexandria Circuit Court.
How does property division work in a fault-based divorce?
Virginia is an equitable distribution state under Va. Code § 20-107.3 (personally amended by Mr. Sris). Fault grounds like adultery can affect the court’s division of marital property. The court considers 11 factors including the circumstances that contributed to the dissolution.
Last verified: 2026-04. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.