In Spotsylvania County, a fault based divorce under Va. Code § 20-91 allows you to file immediately for adultery without a waiting period. Law Offices Of SRIS, P.C. has 67 documented case results in Spotsylvania County. A Fault Based Divorce Lawyer Spotsylvania County can help you prove grounds like cruelty or desertion.
Last verified: April 2026 | Spotsylvania County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law provides specific fault grounds for divorce under Va. Code § 20-91. A Fault Based Divorce Lawyer Spotsylvania County handles cases involving adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (abandonment for one year), and felony conviction (imprisonment for one year or more). Unlike no-fault divorce, fault grounds do not require a separation period. The court considers fault when dividing marital property under Va. Code § 20-107.3, which Mr. Sris personally amended. Spotsylvania County Circuit Court at 9107 Judicial Center Lane hears all fault-based divorce cases. Proving fault requires clear and convincing evidence, including witness testimony or documentation.
For the complete statutory framework, review Va. Code § 20-91 (official Virginia General Assembly) for divorce grounds. Court procedures are governed by Spotsylvania County General District Court (official court website).
- File a complaint for divorce listing specific fault grounds at Spotsylvania County Circuit Court.
- Serve the complaint on your spouse via sheriff or private process server.
- Gather corroborating evidence: witness affidavits, photographs, financial records, or text messages.
- Attend the pendente lite hearing for temporary support and custody orders.
- Participate in discovery, including depositions and document production.
- Present your case at trial or negotiate a property settlement agreement before the final decree.
In Spotsylvania County, fault-based divorce carries no criminal penalty but affects property division, spousal support, and attorney’s fees under Va. Code § 20-107.3.
| Ground | Waiting Period | Evidence Required | Impact on Property | Impact on Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | None | Direct or circumstantial proof | Court may award more to innocent spouse | Bar to spousal support for adulterous spouse | Costs and attorney’s fees may be awarded |
| Cruelty | None | Reasonable apprehension of bodily harm | Court considers fault in division | May affect support amount | Protective order may be issued |
| Desertion | 1 year | Proof of abandonment without consent | Fault considered | May affect support | Must show intent to abandon |
| Felony Conviction | 1 year imprisonment | Certified conviction record | Fault considered | May affect support | Must show conviction and incarceration |
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 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, Owner & CEO and Managing Attorney, also handles complex fault-based divorce cases. 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.
In Spotsylvania County, Law Offices Of SRIS, P.C. has 67 total documented case results across all practice areas 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, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is approximately 45 minutes from Spotsylvania County Circuit Court, accessible via I-95, Route 1, Route 3, and Route 208.
Fault based divorce lawyer near Spotsylvania County — serving Spotsylvania, Chancellor, and Massaponax.
Neighborhoods served: Spotsylvania, Chancellor, Massaponax.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
By appointment only.
Q: How long does a fault-based divorce take in Spotsylvania County?
It depends. Adultery cases with signed agreements: 2-4 months. Contested fault divorces: 9-18 months. Complex cases with business valuation: 12-24 months. Pendente lite hearings typically set within 21-60 days of motion.
Q: Is Virginia a community property state for fault-based divorce?
No. Virginia is an equitable distribution state. The court divides marital property fairly based on 11 factors under Va. Code § 20-107.3. Fault grounds like adultery can result in a larger share for the innocent spouse.
Q: What evidence do I need for a fault-based divorce in Spotsylvania County?
You need corroborating evidence beyond your own testimony. For adultery: photographs, hotel receipts, text messages, or witness testimony. For cruelty: medical records, police reports, or protective orders. For desertion: proof of one year of abandonment.
Q: Can I get spousal support in a fault-based divorce?
It depends. If you committed adultery, Virginia law bars you from receiving spousal support. For other fault grounds like cruelty or desertion, the court considers fault when determining support under Va. Code § 20-107.1.
Q: What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children with signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Spotsylvania County Circuit Court.
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.