Fault Based Divorce Lawyer Virginia Beach, VA
In Virginia, a divorce based on fault grounds changes how property is divided, how spousal support is determined, and how the court views the conduct that led to the end of the marriage. For a spouse in Virginia Beach who has experienced adultery, cruelty, desertion, or certain criminal conduct by the other spouse, filing under a fault ground can affect the outcome of the case. Law Offices Of SRIS, P.C. represents clients in fault-based divorce proceedings in Virginia Beach City Circuit Court and related matters in the Virginia Beach Juvenile & Domestic Relations District Court. Mr. Sris and his Of Counsel bring extensive combined legal experience to family law cases throughout Virginia, including matters governed by Va. Code § 20-91. To discuss how a fault ground applies to your situation, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Fault Based Divorce Means in Virginia Beach
Virginia law permits a spouse to file for divorce on fault grounds under Va. Code § 20-91. Unlike a no-fault divorce—which generally requires a six-month or one-year separation—a fault-based divorce allows the petitioning spouse to move forward without a mandatory separation period if the fault ground is proven. The Virginia Beach City Circuit Court, located at 2425 Nimmo Parkway, Building 10B, has exclusive jurisdiction over divorce proceedings. The Virginia Beach Juvenile & Domestic Relations District Court handles related custody, visitation, child support, and protective order issues. The Virginia Beach judicial landscape includes the Fourth Judicial District, with a court calendar governed by the schedule of the Circuit Court. Cases in this region often involve families associated with Naval Air Station Oceana, the tourism industry, and the city’s significant civilian and military population.
The fault grounds recognized under § 20-91 include adultery, cruelty that creates a reasonable apprehension of bodily harm, willful desertion for one year, and conviction of a felony with a sentence of more than one year of confinement. When a spouse files on fault grounds, the allegation must be supported by evidence presented to the court. The court does not simply accept a bare assertion; corroboration by a witness or other admissible proof is required. A successful showing of fault can alter the balance of an equitable distribution analysis—the court may consider the circumstances and factors that contributed to the dissolution of the marriage when dividing property under Va. Code § 20-107.3. Because Virginia Beach is an independent city with a large and diverse population, the practical realities of proving fault—such as obtaining credible witness testimony or documentation—can vary from case to case. Mr. Sris and his Of Counsel work with clients to evaluate whether a fault ground is viable and appropriate given the specific facts and goals of the case.
Virginia Code § 20-91 authorizes divorce on fault grounds including adultery, cruelty, desertion, and felony conviction.
Source: Va. Code § 20-91. Virginia Code Title 20, Chapter 6
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Fault Based Divorce Cases
When a client consults with Law Offices Of SRIS, P.C. about a potential fault-based divorce in Virginia Beach, Mr. Sris and his Of Counsel begin by reviewing the circumstances to determine whether the evidence supports a fault ground under Va. Code § 20-91. This evaluation considers the likelihood of meeting the burden of proof, the availability of witnesses and documentation, and how a fault finding might affect the court’s decisions on equitable distribution, spousal support, and, in some cases, custody. The firm’s approach is to present the facts clearly and to advocate for the client’s interests through every stage of the proceeding.
Fault-based cases often involve sensitive and contested allegations. Mr. Sris and his Of Counsel manage the discovery process, handle pleadings and motions, and represent clients at pendente lite hearings for temporary support and custody. If settlement negotiations are possible, the firm works toward a resolution that protects the client’s position; when trial is necessary, the firm prepares for litigation in the Virginia Beach City Circuit Court. Throughout the process, clients are advised about the practical implications of prosecuting a fault ground, including the impact on litigation costs, the emotional toll of a contested hearing, and the potential effect on children. Mr. Sris and his Of Counsel bring extensive combined legal experience to these matters. Results may vary. in your case.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is a former prosecutor who founded the firm to provide representation across multiple jurisdictions. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). That legislation revised Va. Code § 20-107.3(g), the statute governing equitable distribution of retirement and pension assets, and his testimony reflects a longstanding involvement with Virginia family law.
Mr. Sris is supported by Of Counsel attorneys who are engaged through Excella and whose practices include family law. Together, Mr. Sris and his Of Counsel team handle fault-based divorce matters in Virginia Beach City Circuit Court and throughout the Commonwealth. The firm maintains a Richmond location, from which it serves clients in Virginia Beach and neighboring communities including Sandbridge and Oceana. All consultations are by appointment; reach our firm at (888) 437-7747 to schedule.
Frequently Asked Questions
What are the fault grounds for divorce in Virginia?
The fault grounds recognized under Virginia law are adultery, cruelty, desertion for one year, and conviction of a felony that results in confinement for more than one year. These are enumerated in Va. Code § 20-91. A fault-based divorce may be pursued without a separation period if the ground is proven. The Virginia Beach City Circuit Court has jurisdiction over the divorce action, while custody and support matters may be heard in the Juvenile & Domestic Relations District Court. Mr. Sris and his Of Counsel evaluate whether a particular situation satisfies the statutory elements. For a consultation, reach our firm at (888) 437-7747.
How does a fault-based divorce affect property division in Virginia Beach?
Virginia is an equitable distribution state, and the court may consider fault when dividing marital property if the fault is a significant cause of the marriage’s end. Va. Code § 20-107.3 sets out multiple factors the court weighs, including the circumstances and factors that contributed to the dissolution. Proving a fault ground such as adultery or cruelty can influence the court’s determination of a fair division, though it does not guarantee a particular outcome. The filing takes place in the Virginia Beach City Circuit Court at 2425 Nimmo Parkway. To discuss how fault may affect your case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer for a fault-based divorce in Virginia Beach?
While you are not legally required to have a lawyer, fault-based divorces involve complex evidentiary and procedural requirements that are difficult to navigate without experienced counsel. The court must be presented with corroborating evidence, and procedural missteps can delay or undermine the case. Mr. Sris and his Of Counsel manage the discovery process, handle motions, and appear in the Virginia Beach City Circuit Court. To request a consultation, call (888) 437-7747.
How is a fault-based divorce different from a no-fault divorce in Virginia?
A fault-based divorce does not require a separation period if the fault ground is proven, while a no-fault divorce under Va. Code § 20-91(9) requires either a six-month or one-year separation. Fault grounds also give the court a statutory basis to weigh marital misconduct in property division and spousal support decisions. A no-fault divorce requires a signed separation agreement (for the six-month ground) or a full year of living apart. The choice between the two approaches depends on the evidence, the parties’ goals, and the practical considerations of litigation. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What if my spouse denies the fault allegation?
If the responding spouse contests the fault ground, the case proceeds as a contested divorce, and the petitioner must prove the allegations at trial. The Virginia Beach City Circuit Court will require admissible evidence, which may include witness testimony, financial records, communications, or other documentation. Contested fault-based cases can extend the timeline of the divorce. Mr. Sris and his Of Counsel prepare cases with the expectation that the matter may be litigated, while also working toward resolution where possible. To discuss your matter, contact our firm at (888) 437-7747.
Can a fault-based divorce affect child custody in Virginia Beach?
The court determines custody based on the best interests of the child, not as a punishment for marital fault; however, conduct that endangers a child can be relevant. Va. Code § 20-124.3 lists factors the court considers, including any history of family abuse. A fault ground such as cruelty or criminal conduct may become relevant if it implicates the child’s safety or well-being. Custody proceedings in Virginia Beach are often initiated in the Juvenile & Domestic Relations District Court. Mr. Sris and his Of Counsel address custody issues within the context of the divorce or as a separate action.
For related family law pages, see our discussions on Fairfax County family law, Fairfax City family law, Falls Church family law, Prince William County family law, and Manassas family law.
Consult official Virginia primary sources for additional legal information: Virginia Code Title 20 – Domestic Relations, Virginia Beach Circuit Court, and Virginia Courts.
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