Fault Based Divorce Lawyer Hanover County — What Are Your Legal Options?
A Fault Based Divorce Lawyer Hanover County can help you file under Va. Code § 20-91 for adultery, cruelty, or desertion. Law Offices Of SRIS, P.C. has 19 documented case results in Hanover County with a 100% favorable outcome rate. You do not need a separation period for adultery claims.
Understanding Fault Grounds for Divorce Under Virginia Law
Virginia law provides specific fault grounds for divorce lawyer Hanover County clients can use to end a marriage without waiting through a separation period. Under Va. Code § 20-91, the recognized fault grounds include adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (abandonment for one year), and felony conviction with imprisonment for one year or more. Unlike no-fault divorce, which requires a six-month or one-year separation, fault-based divorce allows you to file immediately upon proving the ground exists. The burden of proof falls on you, the spouse alleging fault, and requires clear and convincing evidence. Hanover County Circuit Court, located at 7507 Library Drive, Suite 201, Hanover, VA 23069, has exclusive jurisdiction over all divorce matters in the county. An at-fault divorce lawyer Hanover County can evaluate your situation and determine which ground applies to your case.
Last verified: April 2026 | Hanover County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Official Legal References
Insider Procedural Edge: Filing a Fault-Based Divorce in Hanover County
Hanover County Circuit Court requires specific evidence for fault-based divorce claims. Adultery cases need direct or circumstantial proof, not mere suspicion.
Cruelty claims must show a pattern of behavior creating reasonable fear, not isolated incidents. Desertion requires proof of intent to abandon the marriage permanently.
- Step 1: Gather evidence supporting your fault ground — text messages, emails, financial records, or witness statements.
- Step 2: File a complaint for divorce at Hanover County Circuit Court, 7507 Library Drive, Suite 201, Hanover, VA 23069.
- Step 3: Pay the filing fee of approximately $86 and arrange service of process on your spouse.
- Step 4: Attend the pendente lite hearing if temporary support or custody is needed, typically set within 21-60 days.
- Step 5: Participate in discovery, depositions, and potentially mediation before trial.
- Step 6: Present your case at trial before a judge — no jury in Virginia divorce cases.
What Fault Grounds Mean for Your Divorce Outcome
In Hanover County, fault grounds for divorce affect property division, spousal support, and custody determinations under Va. Code § 20-107.3.
| Fault Ground | Waiting Period | Evidence Required | Impact on Property Division | Impact on Spousal Support | Additional Considerations |
|---|---|---|---|---|---|
| Adultery | None | Direct or circumstantial proof | Court may award more to innocent spouse | Bar to spousal support for adulterous spouse | No corroborating witness required if circumstantial evidence is strong |
| Cruelty | None | Pattern of behavior creating reasonable fear | Court considers fault in equitable distribution | May affect amount and duration | Must show more than incompatibility |
| Desertion | 1 year | Proof of abandonment with intent to desert | Fault considered in division | May affect support award | Must show willful abandonment without consent |
| Felony Conviction | 1+ year imprisonment | Certified conviction record | Fault considered in division | May affect support award | Must show conviction and incarceration |
Results may vary. Prior results do not guarantee a similar outcome.
Your Hanover County Fault Based Divorce Lawyer
Hanover County Case Results
Law Offices Of SRIS, P.C. has 19 total documented case results across all practice areas in Hanover County, with a 100% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC, the firm has 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Hanover County Location
Our Richmond location serves clients at Hanover County courts (7507 Library Drive), accessible via I-95, I-295, Route 1, Route 301, and Route 33.
Looking for a Fault Based Divorce Lawyer Hanover County near you? We serve Mechanicsville, Ashland, Atlee, Beaverdam, and Doswell.
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 Fault-Based Divorce in Hanover County
How long does a fault-based divorce take in Hanover County?
It depends. Uncontested fault divorce with signed agreement: 2-4 months. Contested fault divorce: 9-18 months. Complex cases with business valuation: 12-24 months. Pendente lite hearings set within 21-60 days.
How much does a fault-based divorce cost in Hanover County?
Yes. 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 per party.
Is Virginia a community property state for fault-based divorce?
No. Virginia is an equitable distribution state. The court divides marital property fairly under Va. Code § 20-107.3, considering 11 factors. Fault grounds can affect the division. Separate property is excluded.
How is child custody decided in a fault-based divorce in Hanover County?
It depends. Custody is based on the child’s best interests under Va. Code § 20-124.3, considering 10 factors. Fault grounds may be relevant if they affect parenting ability. Hanover County J&DR Court handles standalone custody.
What are the grounds for a fault-based divorce in Virginia?
Yes. Adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (1 year), and felony conviction (1+ year imprisonment). File at Hanover County Circuit Court. No separation period needed for adultery.
Can I get spousal support in a fault-based divorce in Hanover County?
It depends. Spousal support is based on 13 statutory factors under Va. Code § 20-107.1. Adultery by the receiving spouse can bar support. Other fault grounds may affect the amount and duration of support.
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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.