Fault Based Divorce Lawyer Chesterfield County — What Are Your Grounds?
A fault based divorce in Chesterfield County requires proving specific grounds like adultery or cruelty under Va. Code § 20-91. This fault based divorce lawyer Chesterfield County team at Law Offices Of SRIS, P.C. has documented results in the Chesterfield County Circuit Court. We provide full representation for fault grounds for divorce lawyer Chesterfield County cases, where proving fault can impact support and property division.
Statutory Definition of Fault Divorce in Virginia
Virginia law provides specific fault grounds for ending a marriage, distinct from a no-fault separation. The primary statute is Va. Code § 20-91, which lists the legally recognized reasons for a fault-based divorce. To file an at-fault divorce, you must present evidence to the Chesterfield County Circuit Court that meets the statutory definition of one of these grounds. The court requires clear and convincing proof before granting a divorce on fault grounds.
Last verified: April 2026 | Chesterfield County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, review Va. Code § 20-91 (official Virginia General Assembly). All fault divorce cases are filed at the Chesterfield County Circuit Court.
Insider Procedural Edge in Chesterfield County
Chesterfield County Circuit Court handles all divorce, equitable distribution, and spousal support matters. For a fault-based divorce, you must file a detailed complaint outlining the specific grounds and supporting facts. The process is more adversarial than an uncontested, no-fault divorce.
- Consult with a fault based divorce lawyer Chesterfield County: Discuss your situation and the evidence you have to support a fault claim.
- File a Complaint for Divorce: Your attorney will draft and file a formal complaint with the Chesterfield County Circuit Court, specifying the fault ground.
- Serve Your Spouse: The complaint must be legally served, giving your spouse an opportunity to respond and potentially contest the allegations.
- Gather and Present Evidence: This phase involves discovery, depositions, and preparing evidence (documents, communications, witness testimony) for court.
- Attend Hearings or Trial: If the case is contested, you may proceed to a pendente lite hearing for temporary orders and potentially a full trial on the merits.
- Obtain the Final Decree: If the court finds the fault ground is proven, it will issue a final decree of divorce, addressing all related issues.
Potential Impacts of a Fault-Based Divorce
In Chesterfield County, proving fault in a divorce can affect spousal support awards and the division of marital property under the court’s discretion.
| Fault Ground | Legal Standard | Potential Impact on Case |
|---|---|---|
| Adultery | Voluntary sexual intercourse outside the marriage. | Can bar spousal support for the adulterous spouse; may affect property division. |
| Cruelty | Reasonable apprehension of bodily hurt or danger to life, limb, or health. | Can justify a divorce without a waiting period; influences support and custody. |
| Desertion | Willful abandonment and desertion for one year or more. | Grounds for divorce; the deserted spouse may be entitled to support. |
| Felony Conviction | Conviction of a felony with imprisonment for more than one year. | Grounds for divorce after conviction; may affect financial settlements. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Fault Divorce Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to complex family law matters. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep, practical insight into how fault can influence property division and support rulings in Virginia courts.
Case Results in Chesterfield County
Our firm has 15 total documented case results across all practice areas in Chesterfield County with a 100% favorable outcome rate. For instance, our team, including secondary attorney Mr. Sris—a former prosecutor who founded the firm and amended Va. Code § 20-107.3—has successfully navigated complex family law disputes. These results demonstrate our commitment to vigorous representation in local courts.
Results may vary. Prior results do not guarantee a similar outcome.
Fault Based Divorce Lawyer Near Chesterfield County
Our Richmond location serves clients at the Chesterfield County courts (9500 Courthouse Road). We represent individuals in Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, and Moseley.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Fault Based Divorce in Chesterfield County: FAQs
What are the fault grounds for divorce in Virginia?
Yes. Virginia’s fault grounds are adultery, cruelty, desertion for one year, and felony conviction with imprisonment for over one year, as defined in Va. Code § 20-91. These are distinct from no-fault separation and require proof filed in Chesterfield County Circuit Court.
Does proving fault affect alimony in Virginia?
It depends. Under Va. Code § 20-107.1, fault is one of 13 factors. Proving adultery can bar the adulterous spouse from receiving spousal support. For other fault grounds like cruelty, the court has discretion to consider the misconduct when determining the amount and duration of support.
How long does a fault-based divorce take in Chesterfield County?
A contested fault divorce typically takes 9-18 months from filing to final decree in Chesterfield County Circuit Court. The timeline depends on case complexity, evidence gathering, court scheduling, and whether the fault grounds are disputed. This is longer than an uncontested no-fault divorce.
What evidence is needed for a fault divorce?
Evidence must meet the “clear and convincing” standard. For adultery, this may include communications, photos, or witness testimony. For cruelty, evidence can be medical records, police reports, or testimony about fear of harm. An at-fault divorce lawyer Chesterfield County can help identify and gather admissible evidence.
Can I get a fault divorce if we have already separated?
Yes. You can file for a fault-based divorce even during a separation period. Choosing fault grounds over no-fault may be strategic if you have strong evidence, as it can impact financial outcomes. A fault grounds for divorce lawyer Chesterfield County can advise on the best approach for your situation.
For related legal help, see our Virginia Family Law Lawyer hub. We also assist clients in nearby areas like Henrico County and with other matters such as Criminal Defense in Chesterfield County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.