Fault Based Divorce Lawyer Colonial Heights — What Are Your Grounds?
A fault-based divorce in Colonial Heights, Virginia, requires proving specific grounds like adultery, cruelty, or desertion under Va. Code § 20-91. This fault based divorce lawyer Colonial Heights team at Law Offices Of SRIS, P.C. has documented results in Colonial Heights courts. We provide full representation for fault-based cases, where proving grounds can impact spousal support and property division. Contact us for a case-specific approach.
Last verified: April 2026 | Colonial Heights Circuit Court | Virginia General Assembly
Virginia law allows for divorce on both no-fault and fault grounds. A fault-based divorce is initiated when one spouse alleges the other committed a specific marital wrong that caused the marriage breakdown. Unlike a no-fault divorce based on separation, fault grounds such as adultery, cruelty, or desertion must be proven with evidence in court. Successfully proving fault can influence the court’s decisions on alimony (spousal support) and the equitable distribution of marital property.
The relevant statutes are found in the Code of Virginia. You can review the official divorce grounds at the Virginia General Assembly website (Va. Code § 20-91). For local court procedures, visit the Colonial Heights Circuit Court website.
- Consult with a fault based divorce lawyer Colonial Heights to evaluate your grounds and evidence.
- Your attorney will file a Complaint for Divorce in Colonial Heights Circuit Court, citing the specific fault grounds.
- The complaint must be formally served on your spouse, initiating the legal process.
- Both parties engage in discovery, exchanging evidence related to the fault allegations and financial matters.
- Your lawyer may pursue settlement negotiations or prepare for a contested hearing to prove the fault grounds.
- If fault is proven, the court will issue a final decree of divorce, addressing all related issues.
In Colonial Heights, a fault-based divorce carries significant implications for spousal support and asset division, requiring proof of grounds like adultery, cruelty, or one-year desertion.
| Fault Ground | Legal Definition (Va. Code § 20-91) | Key Consideration |
|---|---|---|
| Adultery | Voluntary sexual intercourse by either spouse with someone other than the other spouse. | No mandatory separation period; requires clear proof. |
| Cruelty | Reasonable apprehension of bodily hurt or willful conduct that endangers life, health, or well-being. | Can include physical violence or credible threats. |
| Desertion | Willful desertion and abandonment for one year or more. | Must be proven the leaving was against the wishes of the other spouse and without justification. |
| Felony Conviction | Conviction of a felony, sentenced to confinement for more than one year, and cohabitation not resumed after release. | Requires certified documentation of the conviction and sentence. |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to 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, demonstrating deep involvement in the state’s family law framework. For fault-based divorces, this experience is critical in building persuasive cases centered on evidence and statutory requirements.
Our team, including secondary attorney Mr. Sris—a former prosecutor and the firm’s founder—has handled family law matters in Colonial Heights. We understand the local court’s expectations for evidence in fault proceedings. While specific local case counts are part of our broader firm results, our approach is grounded in the procedural realities of Colonial Heights Circuit Court.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients at the Colonial Heights courts on 550 Boulevard, accessible via I-95 and Route 1. As a fault based divorce lawyer Colonial Heights resource near you, we represent clients throughout the Colonial Heights community. Meetings are by appointment, with 24/7 phone availability.
Fault Based Divorce in Colonial Heights: FAQs
What are the fault grounds for divorce in Virginia?
Yes. The fault grounds for divorce lawyer Colonial Heights cases handle are adultery, cruelty, desertion for one year or more, and felony conviction with imprisonment. These are defined under Va. Code § 20-91 and require proof in Colonial Heights Circuit Court.
How does proving fault affect a divorce in Colonial Heights?
It depends. Proving fault can influence a judge’s decisions on spousal support (alimony) and the equitable division of marital property under Va. Code § 20-107.3. A finding of fault may result in a larger support award for the innocent spouse or a more favorable property distribution, but the court has discretion based on all circumstances.
What evidence is needed for a fault-based divorce?
Evidence must be clear and convincing. For adultery, this may include communications, witness testimony, or other documentation. For cruelty, evidence can be police reports, medical records, photographs, or witness accounts. An at-fault divorce lawyer Colonial Heights can help identify and gather the necessary proof for your specific grounds.
Can I get a fault-based divorce if we have already separated?
Yes. You can file for a fault-based divorce even if you are separated. The fault grounds are independent of the separation period required for a no-fault divorce. Choosing fault over no-fault is a strategic decision with different procedural and financial implications.
How long does a fault-based divorce take in Colonial Heights?
A contested fault-based divorce typically takes 9 to 18 months or longer in Colonial Heights Circuit Court. The timeline depends on the complexity of proving the grounds, the extent of discovery needed, and whether the case settles or goes to trial. An uncontested fault divorce (where the other spouse admits to the grounds) can be faster.
For more information, see our Virginia Family Law hub page. We also assist clients in nearby areas like Chesterfield County and Henrico County. If you are facing other legal issues, consider our Colonial Heights criminal defense lawyers.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.