Fault Based Divorce Lawyer Near Me
If you are searching for a fault based divorce lawyer near you in the Chesapeake, Virginia area, Law Offices Of SRIS, P.C. provides experienced legal representation. Mr. Sris, Owner and Founder of the firm, and the firm’s Of Counsel attorneys bring extensive combined legal experience in Virginia family law. The firm has documented case results across multiple practice areas since 1997; Results may vary. And prior outcomes do not guarantee a similar result. Virginia law permits a spouse to file for divorce on fault grounds under Va. Code § 20‑91 — a choice that can significantly affect property division, spousal support, and the overall direction of a case. Mr. Sris, a former prosecutor, handles fault based divorce matters, drawing on his five‑jurisdiction practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Fairfax location serves clients throughout Virginia, including the Chesapeake area and the broader Hampton Roads region. Contact our firm at (888) 437‑7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Fault Based Divorce Means in Chesapeake, Virginia
In Virginia, fault based divorce is a proceeding in which one spouse alleges that the other spouse’s misconduct caused the breakdown of the marriage. The Circuit Court for the City of Chesapeake handles divorce filings for Chesapeake residents. Under Va. Code § 20‑91, the recognized fault grounds are adultery, cruelty (including reasonable apprehension of bodily harm), willful desertion or abandonment for one year, and conviction of a felony resulting in incarceration for more than one year. Adultery, notably, carries no waiting period before filing — a spouse alleging adultery may file immediately upon meeting Virginia’s six‑month residency requirement.
Fault grounds can influence the outcome of equitable distribution and spousal support. A court’s determination that one party’s fault caused the dissolution may affect the division of marital property and the amount or duration of support. Because Virginia equitable distribution is not automatic and fault is one of the factors a judge may weigh, presenting a fault ground effectively requires careful preparation. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys evaluate the facts of each case, help clients understand the legal and practical implications of alleging fault, and work toward resolutions that protect clients’ interests — whether through negotiation, mediation, or litigation before the Chesapeake Circuit Court.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Fault Based Divorce Cases
Mr. Sris and the firm’s Of Counsel attorneys take a deliberate approach to fault based divorce, beginning with a thorough review of the marriage’s history and the evidence supporting a fault ground. Because fault must typically be proved with credible testimony and documentation — not merely alleged — the firm consults with clients to identify witness statements, financial records, communications, and other relevant material. The team works to present a coherent factual record that meets Virginia’s evidentiary standards, while also advising clients on the strategic considerations of pursuing fault grounds versus no‑fault separation.
If the matter requires court intervention, Mr. Sris and the firm’s Of Counsel attorneys appear in Chesapeake Circuit Court and other Virginia circuit courts. Litigation may involve motions for pendente lite relief — temporary orders addressing support, custody, and possession of the family residence while the divorce is pending. Throughout the process, the firm prioritizes clear communication with clients about what to expect, including realistic timelines and potential outcomes. Every fault based divorce is unique, and the firm’s work is guided by the specific circumstances of each marriage, not by a one‑size‑fits‑all strategy.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., brings decades of litigation experience to fault based divorce cases. He is a former prosecutor and has practiced family law since founding the firm in 1997. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill concerning the equitable distribution statute applicable to Virginia divorces. His background in accounting and information systems further supports his work in complex property division matters.
The firm’s Of Counsel attorneys are experienced litigators who work alongside Mr. Sris to handle fault based divorce cases. Each Of Counsel attorney has a minimum of a decade of practice experience, and the combined legal experience between Mr. Sris and the Of Counsel attorneys enables the firm to address a wide range of family law issues — from contested custody and support disputes to high‑asset property division. The firm maintains a Fairfax location and appears regularly in Virginia circuit courts, including the Chesapeake Circuit Court. Contact the firm at (888) 437‑7747 to learn how the team can assist with your fault based divorce.
Frequently Asked Questions
What are the fault grounds for divorce under Virginia law?
Virginia recognizes adultery, cruelty, willful desertion or abandonment for one year, and conviction of a felony resulting in incarceration for more than one year as fault grounds under Va. Code § 20‑91. Adultery permits immediate filing without a separation waiting period, while other fault grounds may still require a separation period. The choice of ground can affect property division and spousal support. Each ground requires specific proof, and a court will weigh the evidence presented.
How does fault based divorce affect property division in Virginia?
Virginia is an equitable distribution state, and a court may consider a spouse’s fault, including adultery or cruelty, as one factor in dividing marital assets under Va. Code § 20‑107.3. Fault is not automatically determinative, but it can influence the court’s discretion when fashioning an equitable award. The law also permits a court to consider the circumstances and factors that contributed to the dissolution of the marriage.
Do I need a lawyer for a fault based divorce in Chesapeake?
You are not required to have a lawyer, but fault based divorce involves complex evidentiary and procedural rules that benefit from experienced legal guidance. Proving fault — particularly adultery or cruelty — often requires documentary evidence, witness testimony, and careful case presentation. Mr. Sris and the firm’s Of Counsel attorneys understand the Chesapeake Circuit Court’s expectations and can help you navigate the process effectively.
How long does a fault based divorce take in Virginia?
The timeline for a fault based divorce depends on whether the matter is contested, the availability of evidence, and the court’s calendar. Unlike a no‑fault divorce that may proceed on an uncontested basis after a separation period, a fault‑based case often involves discovery, motions, and possibly a trial. Mr. Sris and the firm’s Of Counsel attorneys work to advance your case efficiently while protecting your interests.
What is the difference between no‑fault and fault based divorce in Virginia?
A no‑fault divorce in Virginia requires either six months of separation (with a signed agreement and no minor children) or one year of separation under Va. Code § 20‑91(9). A fault based divorce alleges marital misconduct and does not necessarily require the same separation period — for example, adultery has no waiting period. Fault can also affect spousal support and property distribution.
Can I get spousal support if I file on fault grounds?
Virginia law provides that a court may consider fault as a factor when determining spousal support under Va. Code § 20‑107.1. If the court finds that the other spouse’s misconduct caused the divorce, that finding can affect the amount and duration of support. However, family support is fact‑specific, and no outcome is past results do not guarantee a similar outcome. Results may vary.
Additional resources:
Visit the Virginia Family Law Practice page for broader information. See also Chesapeake Divorce Lawyer and Fault Based Divorce Lawyer Chesapeake for more local guidance.
Outbound authority:
Va. Code § 20‑91 (Grounds for Divorce) | Chesapeake Circuit Court | Virginia’s Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.