In Augusta County, Virginia, a fault-based divorce under Va. Code § 20-91 allows you to file immediately for adultery, cruelty, or desertion without waiting 6-12 months. Law Offices Of SRIS, P.C. has 13 documented case results in Augusta County. Our Fault Based Divorce Lawyer Augusta County team provides case-specific guidance.
Last verified: April 2026 | Augusta County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law recognizes four fault grounds for divorce under Va. Code § 20-91. Adultery requires proof of a romantic relationship and opportunity. Cruelty involves physical or mental abuse that makes cohabitation unsafe. Desertion means one spouse abandoned the other for at least one year. Felony conviction requires imprisonment for one year or more. Unlike no-fault divorce, fault grounds have no separation waiting period. A Fault Based Divorce Lawyer Augusta County can help you gather evidence and file the appropriate complaint at the Augusta County Circuit Court, located at 6 East Johnson Street, 2nd Floor, Staunton, VA 24401.
For fault-based divorce specifically, the controlling statute is Va. Code § 20-91(A)(1) through (4). This sub-topic focuses on the four fault grounds: adultery (no waiting period), cruelty (no waiting period), desertion (1-year abandonment), and felony conviction (1+ year imprisonment). Unlike no-fault divorce requiring 6-12 months separation, fault grounds allow immediate filing. An at-fault divorce lawyer Augusta County understands the heightened evidentiary standards required for each ground.
Review the official statutes: Va. Code § 20-91 (divorce grounds) and Augusta County General District Court website. These sources provide the legal framework for your case.
In Augusta County Circuit Court, judges require corroborating witnesses for fault-based divorce hearings. You cannot rely solely on your own testimony. The court expects independent evidence such as text messages, photographs, or third-party witnesses. Your Fault Based Divorce Lawyer Augusta County will prepare corroborating witnesses before your hearing date.
- Identify which fault ground applies to your situation (adultery, cruelty, desertion, or felony conviction).
- Gather corroborating evidence: text messages, emails, financial records, or witness statements.
- File a complaint for divorce at Augusta County Circuit Court (6 East Johnson Street, Staunton, VA 24401).
- Serve the complaint on your spouse through sheriff or private process server.
- Attend the pendente lite hearing if temporary support or custody is needed (typically 21-60 days after motion).
- Proceed to final hearing with corroborating witnesses and evidence of the fault ground.
In Augusta County, fault-based divorce carries no criminal penalties, but the court may award spousal support, child support, and equitable distribution based on the fault ground proven.
| Fault Ground | Waiting Period | Evidence Required | Impact on Property Division | Impact on Spousal Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | None | Proof of romantic relationship + opportunity | Court may award larger share to innocent spouse | May bar spousal support for guilty spouse | No criminal penalty; may affect custody |
| Cruelty | None | Evidence of physical/mental abuse | Court considers abuse in division | May increase support for victim | Protective order possible |
| Desertion | 1 year | Proof of abandonment without consent | Standard equitable distribution | Standard factors apply | Must show intent to abandon |
| Felony Conviction | 1+ year imprisonment | Certified conviction record | Standard equitable distribution | Standard factors apply | Must show conviction and 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 documented 4,739+ case results firm-wide across VA, MD, NJ, NY, and DC with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in all Virginia divorces. This amendment directly affects how Augusta County courts divide marital assets in fault-based divorce cases. Our Fault Based Divorce Lawyer Augusta County team includes Samantha Rae Powers, who brings 18+ years of experience and a Ph.D. in Communication from UC Santa Barbara to every case.
In Augusta County, Law Offices Of SRIS, P.C. has 13 total documented case results across all practice areas with a 100% 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. These results include reduced charges, dismissed cases, and favorable settlements.
Results may vary. Prior results do not guarantee a similar outcome.
Our Shenandoah/Woodstock Location is approximately 45 minutes from Augusta County Circuit Court in Staunton, accessible via I-81 and I-64. If you need a Fault Based Divorce Lawyer Augusta County near Staunton, Waynesboro, or Fishersville, we serve clients throughout the Shenandoah Valley. We represent clients in Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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How long does a fault-based divorce take in Augusta County, Virginia?
It depends. Adultery and cruelty cases can proceed immediately with no waiting period. From filing to final decree: 2-4 months uncontested, 9-18 months contested. Augusta County Circuit Court handles all fault-based divorces.
What evidence do I need for an adultery divorce in Augusta County?
Yes. You need corroborating evidence beyond your own testimony. Acceptable proof includes text messages, emails, hotel receipts, credit card statements, photographs, or witness testimony. A Fault Based Divorce Lawyer Augusta County can help gather admissible evidence.
Can I get spousal support if my spouse committed adultery in Augusta County?
It depends. Under Va. Code § 20-107.1, adultery may bar spousal support for the guilty spouse. The court considers 13 factors including the fault ground. An at-fault divorce lawyer Augusta County can argue for support based on your circumstances.
Is Virginia a community property state for fault-based divorce?
No. Virginia is an equitable distribution state under Va. Code § 20-107.3 (personally amended by Mr. Sris). The court divides marital property fairly but not necessarily 50/50. Fault grounds like adultery can affect the division.
How much does a fault-based divorce cost in Augusta County, Virginia?
Circuit Court filing fee: approximately $86. Sheriff service: $12. Private process server: $50-$100. Guardian ad Litem for custody: $500-$2,500+. Mediation: $100-$300/hour. Total costs vary based on complexity and whether the case is contested.
Can I file for fault-based divorce without a lawyer in Augusta County?
Yes. You can file pro se. However, fault-based divorce requires corroborating witnesses, proper evidence, and knowledge of court procedures. The Augusta County Circuit Court expects strict compliance with Virginia Code requirements. Legal representation is strongly recommended.
Related pages: Virginia Family Law Lawyer | Shenandoah County Divorce Lawyer | Rockingham County Divorce Lawyer | Augusta County Criminal Defense Lawyer | Augusta County DUI Lawyer
Attorney profile: Bryan Block, Former VA State Trooper | Location: Shenandoah/Woodstock Office
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.