In New Kent County, fault-based divorce under Va. Code § 20-91 allows filing without a separation period for adultery, cruelty, or desertion. Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County. A Fault Based Divorce Lawyer New Kent County can help you prove grounds and protect your rights.
Virginia Fault Divorce Law — Statutory Grounds
Virginia law provides specific fault grounds for divorce under Va. Code § 20-91. Unlike no-fault divorce requiring a 6-month or 1-year separation, fault-based divorce has no waiting period for adultery. Other fault grounds include cruelty (reasonable apprehension of bodily harm), desertion for one year, and felony conviction with imprisonment for one or more years. An at-fault divorce lawyer New Kent County must present corroborating evidence at a hearing before the New Kent County Circuit Court. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving the firm unique insight into how fault grounds affect property division.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 20-91 (Divorce Grounds) — Official Virginia General Assembly
- New Kent County Circuit Court — Official Virginia Courts Website
Insider Procedural Edge — Proving Fault in New Kent County
New Kent County Circuit Court requires corroborating witnesses for fault-based divorce. One witness must testify to the factual basis of the fault ground. The court at 12001 Courthouse Circle hears these cases on specific docket days.
- Identify Grounds: Determine which fault ground applies — adultery, cruelty, desertion, or felony conviction.
- Gather Evidence: Collect corroborating witness statements, text messages, financial records, or police reports.
- File Complaint: File a verified complaint for divorce at New Kent County Circuit Court with the $86 filing fee.
- Serve Papers: Serve the complaint on your spouse via sheriff ($12) or private process server ($50-$100).
- Attend Hearing: Present your corroborating witness at the uncontested or contested hearing.
- Final Decree: Obtain final divorce decree with findings on fault grounds and equitable distribution.
In New Kent County, fault-based divorce under Va. Code § 20-91 carries no criminal penalties but affects property division, spousal support, and attorney fee awards.
| Ground | Waiting Period | Evidence Required | Impact on Property | Impact on Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | None | Corroborating witness + circumstantial evidence | Court may award more to innocent spouse | Bar to spousal support for guilty spouse | Attorney fees may be awarded |
| Cruelty | None | Reasonable apprehension of bodily harm | Equitable distribution factor | May affect support amount | Protective order possible |
| Desertion | 1 year | Proof of abandonment | Equitable distribution factor | May affect support amount | Must show intent to abandon |
| Felony Conviction | 1+ year imprisonment | Certified conviction order | Equitable distribution factor | May affect support amount | Must show conviction after marriage |
Results may vary. Prior results do not guarantee a similar outcome.
Why Law Offices Of SRIS, P.C. Handles New Kent County Fault Divorce Cases
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a credential no other firm can claim. The firm has 4,739+ documented case results firm-wide across VA, MD, DC, NJ, and NY, with a 93%+ favorable outcome rate. In New Kent County, the firm has 11 total documented case results across all practice areas with a 100% favorable outcome rate. The firm’s tagline — “Advocacy Without Borders” — reflects its commitment to clients throughout Virginia.
Mr. Sris, Owner & CEO, Managing Attorney, also handles complex fault-based divorce matters in New Kent County. He is a former prosecutor, founded the firm in 1997, and personally amended Va. Code § 20-107.3. He is admitted in VA, MD, DC, NJ, and NY.
New Kent County Case Results
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate across VA, MD, DC, NJ, and NY.
Results may vary. Prior results do not guarantee a similar outcome.
New Kent County Family Law Services — Local Information
Our Richmond Location serves clients at New Kent County courts (12001 Courthouse Circle), accessible via I-64, Route 33, Route 249, and Route 60. We serve New Kent, Providence Forge, and Quinton. If you need a fault grounds for divorce lawyer New Kent County, we are here to help.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond Location
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 New Kent County
How long does a fault-based divorce take in New Kent County?
Yes, fault-based divorce can be faster than no-fault. Adultery has no waiting period — the case can proceed immediately. Contested fault divorces typically take 9-18 months from filing to final decree in New Kent County Circuit Court.
What evidence do I need for an adultery divorce in New Kent County?
Yes, you need corroborating evidence. Virginia requires a witness who can testify to facts showing adultery — not just suspicion. Circumstantial evidence like hotel receipts, text messages, and opportunity combined can support the claim.
Can I get spousal support if I prove fault in New Kent County?
It depends. If your spouse committed adultery, Virginia law bars them from receiving spousal support. However, the innocent spouse can still receive support. The court considers 13 factors under Va. Code § 20-107.1.
Is Virginia a community property state for fault divorce?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3, which Mr. Sris personally amended. Fault grounds can affect the division.
What is the filing fee for a fault divorce in New Kent County?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs about $12. Private process servers charge $50-$100. Pendente lite motions add additional court costs.
Related Legal Services
- Virginia Family Law Lawyer — Statewide hub page
- Henrico County Divorce Lawyer — Nearby locality
- Chesterfield County Divorce Lawyer — Nearby locality
- Criminal Defense Lawyer New Kent County — Same locality, different PA
- DUI Lawyer New Kent County — Same locality, different PA
- Richmond Office Location — Serving New Kent County
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.