Fault Based Divorce Lawyer Fairfax — What Are Your Legal Options?
A Fault Based Divorce Lawyer Fairfax at Law Offices Of SRIS, P.C. handles adultery, cruelty, and desertion claims under Va. Code § 20-91. With 1,789 documented case results in Fairfax County, we provide direct representation at the Fairfax County Circuit Court. Consultation by appointment.
Virginia law recognizes fault grounds for divorce under Va. Code § 20-91. Unlike no-fault divorce requiring a 6-month or 1-year separation, fault grounds allow immediate filing. The four recognized fault grounds are: adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (abandonment for one year), and felony conviction (imprisonment for one year or more). Each ground carries specific evidentiary requirements. For example, adultery requires proof of both opportunity and inclination, while cruelty demands corroborated testimony of physical or mental abuse. The Fairfax County Circuit Court, located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030, has exclusive jurisdiction over all divorce matters in the county. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, the equitable distribution statute, demonstrating deep familiarity with Virginia family law.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For official statutory language, review Va. Code § 20-91 (divorce grounds) and Fairfax County General District Court website for procedural information.
Fairfax County Circuit Court requires a corroborating witness for all uncontested fault-based divorce hearings. This witness must have personal knowledge of the grounds alleged. For adultery cases, private investigator testimony or documented evidence is commonly used. The court typically schedules pendente lite hearings within 21-60 days of filing a motion for temporary support or custody.
- Identify Grounds: Determine which fault ground applies — adultery, cruelty, desertion, or felony conviction.
- Gather Evidence: Collect corroborating evidence: witness statements, photographs, financial records, or court documents.
- File Complaint: File a complaint for divorce at Fairfax County Circuit Court with the specific fault ground alleged.
- Serve Process: Serve the complaint on your spouse via sheriff ($12) or private process server ($50-$100).
- Attend Hearing: Present your case with corroborating witness at the uncontested or contested hearing.
- Obtain Decree: Receive final divorce decree from the court after proving grounds by a preponderance of the evidence.
In Fairfax County, fault-based divorce grounds carry specific legal consequences under Va. Code § 20-91, affecting property division, spousal support, and custody determinations.
| Ground | Classification | Waiting Period | Evidence Required | Impact on Property | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Opportunity + inclination | May affect equitable distribution | Bar to spousal support for adulterous spouse |
| Cruelty | Fault ground | None | Corroborated testimony | May affect equitable distribution | Protective orders possible |
| Desertion | Fault ground | 1 year | Proof of abandonment | May affect equitable distribution | Abandoned spouse may receive spousal support |
| Felony Conviction | Fault ground | 1+ year imprisonment | Certified conviction record | May affect equitable distribution | Incarcerated spouse may have limited participation |
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 Virginia, Maryland, New Jersey, New York, and Washington D.C. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, demonstrating direct influence on Virginia family law. In Fairfax County, the firm has 1,789 documented case results with a 97% favorable outcome rate. The firm’s tagline, “Advocacy Without Borders,” reflects its commitment to cross-jurisdictional representation.
Additionally, Mr. Sris, founder and managing attorney, personally amended Va. Code § 20-107.3 and brings former prosecutor experience to every family law case. He is admitted to practice in Virginia, Maryland, New Jersey, New York, and Washington D.C.
In Fairfax County, Law Offices Of SRIS, P.C. has 1,789 total documented case results across all practice areas with a 97% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results 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 Fairfax location is minutes from the Fairfax County Circuit Court at 4110 Chain Bridge Road, accessible via I-66 and Route 50. 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 need a fault based divorce lawyer near Fairfax, we are ready to help.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
What are the fault grounds for divorce in Virginia?
Yes. Virginia recognizes four fault grounds: adultery (no waiting period), cruelty, desertion (1 year), and felony conviction (1+ year imprisonment). Each requires specific evidence.
Under Va. Code § 20-91, adultery requires proof of opportunity and inclination. Cruelty requires corroborated testimony of physical or mental abuse. Desertion requires one year of continuous abandonment. Felony conviction requires imprisonment for one year or more. The Fairfax County Circuit Court handles all fault-based divorce filings.
How long does a fault-based divorce take in Fairfax County?
It depends. Uncontested fault divorce with signed agreement: 2-4 months. Contested fault divorce: 9-18 months. Adultery cases can proceed immediately with no waiting period.
Fault grounds allow immediate filing without the 6-month or 1-year separation required for no-fault divorce. However, contested cases involving complex property division or custody disputes can take 12-24 months. Pendente lite hearings for temporary support are typically set within 21-60 days of filing.
Does adultery affect property division in Virginia?
Yes. Virginia is an equitable distribution state. Adultery may affect how the court divides marital property under Va. Code § 20-107.3, which Mr. Sris personally amended.
The court considers fault when dividing property. The adulterous spouse may receive a smaller share of marital assets. However, separate property (pre-marriage, inheritance, gifts) remains excluded. The court evaluates 11 factors under Va. Code § 20-107.3 to determine fair division.
Can I get spousal support if I committed adultery?
No. Under Virginia law, adultery is a complete bar to spousal support for the adulterous spouse. The innocent spouse may still receive support.
Va. Code § 20-107.1 allows the court to deny spousal support to a spouse who committed adultery. However, the innocent spouse can still seek support based on 13 statutory factors including duration of marriage, earning capacity, and standard of living during the marriage.
What evidence do I need for a cruelty divorce in Fairfax County?
It depends. You need corroborated testimony of physical or mental abuse. Medical records, police reports, photographs, and witness statements strengthen your case.
Virginia requires corroboration for all fault grounds. For cruelty, the court expects evidence of bodily harm or reasonable apprehension of harm. A single incident may suffice if severe, but a pattern of abuse is more persuasive. Protective orders can serve as supporting evidence.
Is mediation required for fault-based divorce in Fairfax County?
No. Mediation is available but not mandatory in Virginia. However, the court may order mediation for custody or property disputes in contested cases.
Fairfax County Circuit Court encourages alternative dispute resolution but does not require it for fault-based divorce. Many couples choose mediation to reduce costs and avoid trial. Mediation costs $100-$300 per hour per party. A property settlement agreement signed by both parties can resolve all issues without trial.
Internal Links:
- Virginia Family Law Lawyer
- Fairfax City Divorce Lawyer
- Falls Church Divorce Lawyer
- Criminal Defense Lawyer Fairfax
- DUI Lawyer Fairfax
- Attorney Profile
- Fairfax Office Location
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.