Fault Based Divorce Lawyer Chesapeake, VA

If you are considering a divorce and believe your spouse’s misconduct is grounds for ending the marriage, a fault based divorce may be an option under Virginia law. In Chesapeake, fault based divorces are heard at the Chesapeake Circuit Court, located at 307 Albemarle Drive. Law Offices Of SRIS, P.C. represents clients throughout the Chesapeake area—including Great Bridge, Deep Creek, and Greenbrier—in divorces grounded on adultery, cruelty, desertion, or felony conviction. Mr. Sris, a former prosecutor, founded the firm in 1997 and leads an experienced Of Counsel team familiar with the procedural requirements of the First Judicial District. Whether you need to file a complaint or respond to one, the guidance of a Fault Based Divorce Lawyer Chesapeake, VA, can help you navigate the legal process. Contact our firm at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

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Fault Based Divorce in Chesapeake, Virginia

Virginia Code § 20-91 sets out the fault grounds for an absolute divorce. A spouse may seek a divorce on fault grounds when the other spouse has committed adultery, been convicted of a felony resulting in imprisonment for more than one year, engaged in cruelty or caused reasonable apprehension of bodily hurt, or willfully deserted the marriage for one year. Unlike a no‑fault divorce, a fault‑based divorce does not require a mandatory separation period before filing—an important distinction if you seek a faster path to dissolution and potential impact on property division.

Equitable distribution under Va. Code § 20-107.3 governs how marital assets and debts are divided. When a fault ground is established, the court may consider the circumstances that contributed to the dissolution of the marriage among the statutory distribution factors. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised subsection (g) of that same statute, and his understanding of the statutory framework informs the firm’s approach to complex property division in fault‑based divorces.

Chesapeake’s Circuit Court has exclusive jurisdiction over divorce matters, while the Chesapeake Juvenile and Domestic Relations District Court handles standalone custody, support, and protective orders. Because fault allegations can affect both financial outcomes and parental‑fitness evaluations, navigating both courts effectively is essential. The firm’s Richmond location serves clients at the Chesapeake courthouse and appears regularly in the First Judicial District.

How Mr. Sris and His Of Counsel Handle Fault Based Divorce Cases

Every fault based divorce begins with a careful evaluation of the evidence needed to prove the alleged misconduct. Mr. Sris and his Of Counsel work with clients to gather admissible proof—whether through documentary evidence, electronic records, or witness testimony—that meets Virginia’s evidentiary standards. The team then develops a litigation strategy that addresses both the fault ground itself and the related issues of equitable distribution, spousal support, and, when minor children are involved, custody and visitation.

Because Virginia law does not resolve fault‑based divorces automatically, the firm prepares for trial when settlement is not possible. Mr. Sris’s background as a former prosecutor provides insight into how opposing counsel may challenge evidence or attempt to discredit a witness, and the Of Counsel team’s litigation experience supports clients through depositions, discovery, and courtroom proceedings. Throughout the process, the firm strives to reach a resolution that reflects the client’s goals while managing the emotional and financial costs of litigation.

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 admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. As a former prosecutor, he brings a thorough understanding of evidentiary requirements and courtroom procedure to family law matters, including fault based divorce cases in the Chesapeake area. His legislative testimony before the Virginia House Courts of Justice Committee on 2019 HB 635 reflects his engagement with the statutory framework that governs divorce in the Commonwealth.

Mr. Sris’s Of Counsel attorneys contribute extensive combined legal experience to the firm’s family law practice. Working collaboratively, the team handles every aspect of a fault based divorce—from filing the initial complaint to representing clients at trial or mediation. While each case is unique, clients benefit from the depth of knowledge that a multi‑attorney team provides. Law Offices Of SRIS, P.C. has documented case results across all practice areas since 1997. Results may vary.

Frequently Asked Questions

What is a fault based divorce in Virginia?

A fault based divorce is granted when one spouse proves the other engaged in specific marital misconduct listed in Va. Code § 20‑91—adultery, cruelty, desertion for one year, or conviction of a felony with imprisonment of more than one year. Unlike a no‑fault divorce, no separation period is required, and the court may consider the fault when dividing property or awarding support.

How do I prove fault grounds in a Chesapeake divorce?

Proving fault requires admissible evidence. For adultery, circumstantial proof such as hotel receipts, messages, or testimony from private investigators may be used. Cruelty and desertion often rely on witness statements, medical records, or correspondence. An experienced attorney can help you gather the evidence needed to meet the court’s evidentiary standards.

Does fault affect property division in Virginia?

Virginia is an equitable distribution state. The judge considers eleven statutory factors under Va. Code § 20‑107.3. If one party’s misconduct contributed to the dissolution of the marriage, the court may weigh that factor when dividing marital assets and debts. A fault ground can also influence spousal support determinations.

Can I file for divorce in Chesapeake if my spouse committed adultery?

Yes. Adultery is a fault ground under Virginia law. You may file for divorce immediately upon discovering the adultery; no separation period is required. The Chesapeake Circuit Court has jurisdiction, and you must satisfy the six‑month residency requirement under Va. Code § 20‑97. Legal guidance can help you present sufficient proof.

How long does a fault based divorce take in Chesapeake?

The timeline depends on the complexity of the case and the court’s calendar. If the fault ground is uncontested and the parties agree on property and support, the divorce may be finalized in months. Contested fault cases that go to trial can take longer. Every case is different, and the firm works to move matters forward efficiently.

What courts handle fault based divorces in Chesapeake?

All divorces, including fault based ones, are filed in the Chesapeake Circuit Court at 307 Albemarle Drive, Chesapeake, VA 23322. If custody, visitation, or child support issues are raised, those may also be addressed in the Chesapeake Juvenile and Domestic Relations District Court. Our attorneys appear regularly in both courts.

Do I need a lawyer for a fault based divorce?

While you can represent yourself, fault based divorces involve evidentiary burdens, property classification, and permanent financial consequences. Having an attorney familiar with Chesapeake court procedures and Virginia’s equitable distribution statute can help you avoid procedural missteps and present your case effectively.

How do I start a fault based divorce in Chesapeake?

The process begins with filing a Complaint for Divorce in the Chesapeake Circuit Court. The Complaint must state the fault ground with specificity and meet the residency requirement. After filing, the defendant must be served. Law Offices Of SRIS, P.C. can assist with preparing and filing the Complaint and managing the subsequent stages of litigation.

For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Outbound primary‑source authority: Virginia Code § 20‑91 (grounds for divorce) | Chesapeake Circuit Court | Virginia Code § 20‑107.3 (equitable distribution)

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.