In Lexington, Virginia, a Fault Based Divorce Lawyer Lexington can help you file under Va. Code § 20-91 for adultery, cruelty, or desertion. Law Offices Of SRIS, P.C. has 14 documented case results in Lexington. Mr. Sris personally amended Va. Code § 20-107.3. Consultation by appointment.
What Is a Fault-Based Divorce Under Virginia Law?
Virginia law provides specific grounds for a fault-based divorce under Va. Code § 20-91. Unlike no-fault divorce, which requires a separation period, fault grounds allow you to file immediately based on your spouse’s misconduct. The recognized fault grounds include adultery (no waiting period), cruelty (physical or mental abuse), desertion for one year, and felony conviction with imprisonment for one year or more. An at-fault divorce lawyer Lexington can help you prove these grounds in court. The Lexington Circuit Court at 2 South Main Street handles all divorce filings. Mr. Sris, founder of Law Offices Of SRIS, P.C. since 1997, brings former prosecutor experience to your case.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Fault Grounds for Divorce in Lexington
Under Va. Code § 20-91, the specific fault grounds for divorce lawyer Lexington clients use include: (A) Adultery — no separation period required; (B) Cruelty — reasonable apprehension of bodily hurt; (C) Desertion — willful abandonment for one year; (D) Felony conviction — imprisonment for one year or more. Each ground requires specific evidence. Adultery requires proof of opportunity and inclination. Cruelty requires documented physical or mental abuse. Desertion requires proof of intent to abandon. A Fault Based Divorce Lawyer Lexington from SRIS, P.C. can evaluate your situation and recommend the strongest grounds.
For the official statute on divorce grounds, see Va. Code § 20-91 (official Virginia General Assembly). For court procedures, visit the Lexington General District Court website.
Insider Procedural Edge: Filing a Fault-Based Divorce in Lexington
Lexington Circuit Court requires a corroborating witness for fault-based divorce hearings. The court schedules pendente lite hearings within 21-60 days of motion filing. Adultery cases often proceed faster because no separation period applies.
- Gather evidence of fault grounds (texts, photos, financial records, witness statements).
- File a complaint for divorce at Lexington Circuit Court, 2 South Main Street.
- Serve your spouse with the summons and complaint via sheriff or private process server.
- Attend the pendente lite hearing for temporary support and custody orders.
- Complete discovery and, if needed, mediation to resolve property and custody issues.
- Proceed to final hearing where you present your corroborating witness and evidence.
In Lexington, a fault-based divorce carries no criminal penalties but affects property division, spousal support, and custody determinations under Va. Code § 20-107.3.
| Fault Ground | Classification | Separation Period | Evidence Required | Impact on Property Division | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Opportunity + inclination | May reduce spousal support | No waiting period |
| Cruelty | Fault ground | None | Medical records, police reports | May increase property share | Protective orders possible |
| Desertion | Fault ground | 1 year | Proof of abandonment | May affect support | Must prove intent |
| Felony conviction | Fault ground | 1+ year imprisonment | Court records | May affect property division | Must be felony |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Lexington Fault-Based Divorce?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. The firm has 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a credential no other firm can claim. This amendment directly affects how fault grounds impact property division in Lexington divorces. Our tagline: “Advocacy Without Borders.”
Lexington Case Results
Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington, with a 100% favorable outcome rate. These include dismissals (nolle prosequi) and reductions on reckless driving charges. For family law matters, our firm-wide record shows 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Lexington Location
Our Richmond location serves clients at Lexington courts (2 South Main Street), accessible via I-81 and I-64. We serve the Lexington community including Virginia Military Institute and Washington and Lee University areas.
Fault Based Divorce Lawyer Lexington near you — serving all of Lexington and surrounding areas.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
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Frequently Asked Questions About Fault-Based Divorce in Lexington
How long does a fault-based divorce take in Lexington, Virginia?
It depends. Adultery cases can proceed immediately with no waiting period. Cruelty cases also have no waiting period. Desertion requires one year of abandonment. From filing to final decree, expect 2-4 months for uncontested fault divorces and 9-18 months for contested cases.
Is adultery the only fault ground for divorce in Virginia?
No. Virginia recognizes four fault grounds under Va. Code § 20-91: adultery, cruelty (physical or mental abuse), desertion for one year, and felony conviction with imprisonment for one year or more. Each ground has different evidence requirements and no separation period.
Does fault affect property division in Lexington?
Yes. Under Va. Code § 20-107.3 (personally amended by Mr. Sris), the court considers fault when dividing marital property. Adultery may reduce spousal support. Cruelty may increase your property share. The court evaluates all 11 factors in the statute.
How much does a fault-based divorce cost in Lexington?
Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Guardian ad Litem for custody: $500-$2,500+. Mediation: $100-$300/hour per party. Attorney fees vary based on case complexity.
What evidence do I need for a fault-based divorce in Lexington?
Adultery requires proof of opportunity and inclination (texts, photos, hotel receipts). Cruelty requires medical records, police reports, or witness testimony. Desertion requires proof of abandonment with intent. Felony conviction requires court records. A corroborating witness is required at the final hearing.
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.