In Frederick County, Virginia, a Fault Based Divorce Lawyer Frederick County from Law Offices Of SRIS, P.C. can help you file under Va. Code § 20-91 for adultery, cruelty, or desertion. With 37 documented case results in the area, we provide direct representation at the Frederick County Circuit Court. Consultation by appointment.
Last verified: April 2026 | Frederick/Winchester General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law recognizes specific fault grounds for divorce lawyer Frederick County clients can use. Under Va. Code § 20-91, you may file for divorce based on adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion for one year, or felony conviction with imprisonment for one year or more. An at-fault divorce lawyer Frederick County residents trust can help you prove these grounds in court. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, giving him unique insight into how fault impacts property division.
Review the official statute: Va. Code § 20-91 (divorce grounds) and the Frederick/Winchester General District Court website for procedural information.
- Step 1: Gather Evidence. Collect documentation of adultery, cruelty, or desertion — text messages, photos, witness statements, or police reports.
- Step 2: File Complaint. File a complaint for divorce at the Frederick County Circuit Court, 5 North Kent Street, Winchester, VA 22601. Filing fee: approximately $86.
- Step 3: Serve Your Spouse. Have the sheriff or a private process server deliver the summons and complaint. Sheriff service: $12; private process server: $50-$100.
- Step 4: Attend Pendente Lite Hearing. If you need temporary support or custody, file a motion. Hearings are typically set within 21-60 days.
- Step 5: Prove Fault at Trial. Present your evidence at a final hearing. The court will determine if grounds exist and divide property equitably under Va. Code § 20-107.3.
- Step 6: Obtain Final Decree. If the court finds fault, it enters a final decree of divorce. Contested fault divorces take 9-18 months from filing.
In Frederick County, fault-based divorce carries no criminal penalties but affects property division, spousal support, and attorney fees under Va. Code § 20-107.3.
| Ground | Classification | Waiting Period | Impact on Property | Impact on Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Court may award more to innocent spouse | May bar spousal support for adulterous spouse | Evidence must be clear and convincing |
| Cruelty | Fault ground | None | Court considers fault in equitable distribution | May increase support for victim | Protective orders may be issued |
| Desertion | Fault ground | 1 year | Court may penalize deserting spouse | May affect support award | Must prove intent to abandon |
| Felony Conviction | Fault ground | 1+ year imprisonment | Court may award more to innocent spouse | May affect support | Must show conviction and incarceration |
Results may vary. Prior results do not guarantee a similar outcome.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving him direct insight into how fault grounds affect property division. His background as a former prosecutor provides strategic advantages in proving fault grounds in Frederick County Circuit Court.
Law Offices Of SRIS, P.C. has 37 total documented case results across all practice areas in Frederick County, with an 84% favorable outcome rate. Firm-wide, we have 4,739+ 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 Shenandoah/Woodstock Location
505 N Main St, Suite 103, Woodstock, VA 22664
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Shenandoah/Woodstock location is accessible via I-81, Route 7, Route 11, and Route 37 (Winchester bypass). We serve clients at Frederick County courts (5 North Kent Street).
Fault based divorce lawyer near Frederick County — serving Winchester, Stephens City, Middletown, Clear Brook, and Gore.
How long does a fault-based divorce take in Frederick County?
It depends. Contested fault divorces take 9-18 months from filing to final decree. Adultery has no waiting period, but desertion requires one year of separation. Pendente lite hearings for temporary support are set within 21-60 days.
Can I get a divorce based on adultery in Frederick County?
Yes. Adultery is a fault ground under Va. Code § 20-91 with no waiting period. You must provide clear and convincing evidence — your spouse’s admission alone may not suffice. A corroborating witness is often required.
How much does a fault-based divorce cost in Frederick County?
The Circuit Court filing fee is approximately $86. Sheriff service of process costs $12; private process server $50-$100. Guardian ad Litem for custody: $500-$2,500+. Mediation: $100-$300/hour per party. Attorney fees vary.
Is Virginia a community property state for fault divorces?
No. Virginia is an equitable distribution state. The court divides marital property fairly but not necessarily 50/50. Fault grounds like adultery or cruelty can influence the court’s division under Va. Code § 20-107.3.
What evidence do I need for a cruelty divorce in Frederick County?
You need proof of reasonable apprehension of bodily harm — medical records, police reports, photographs of injuries, witness statements, or text messages. The court requires corroborating evidence beyond your testimony.
Can I file for fault divorce if my spouse is in prison?
Yes. Felony conviction with imprisonment for one year or more is a fault ground under Va. Code § 20-91. You must provide the conviction record and proof of incarceration. No waiting period beyond the imprisonment term.
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
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