Fault Based Divorce Lawyer Henrico County — What Are Your Grounds?
A fault based divorce in Henrico County requires proving specific grounds like adultery or cruelty under Va. Code § 20-91, which can impact spousal support and property division. A fault based divorce lawyer Henrico County from Law Offices Of SRIS, P.C. can assess your evidence and build a strong case.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
Virginia Fault Divorce Laws and Grounds
Virginia law provides specific fault grounds for ending a marriage, distinct from a no-fault separation. To file an at-fault divorce, you must prove one of the statutory grounds defined in Va. Code § 20-91. These include adultery, cruelty, willful desertion, and felony conviction with imprisonment. Proving fault can influence the court’s decisions on spousal support (alimony) and the equitable distribution of marital assets under Va. Code § 20-107.3, a statute personally amended by our firm’s founder, Mr. Sris. A fault based divorce lawyer Henrico County understands that these cases require clear, admissible evidence and precise legal arguments presented in Henrico County Circuit Court.
External Legal Resources
For the official text of Virginia’s divorce laws, refer to the Va. Code § 20-91 (official Virginia General Assembly website). For local court procedures and forms, visit the Henrico County Circuit Court website.
Handling a Fault Divorce Case in Henrico County
An at-fault divorce lawyer Henrico County knows that local procedural rules are critical. Henrico County Circuit Court, located at 4301 East Parham Road, handles all divorce filings. The process for a fault divorce is more adversarial than an uncontested case. You must file a Complaint for Divorce specifying the fault ground, and your spouse has the right to file an Answer, potentially contesting the allegations. The burden of proof is on the party alleging fault, requiring evidence such as documentation, witness testimony, or other corroborating proof.
- Consult with a fault based divorce lawyer Henrico County to evaluate your evidence and grounds.
- Your attorney drafts and files a Complaint for Divorce with the Henrico County Circuit Court clerk.
- The complaint is formally served on your spouse, who then has 21 days to respond.
- If contested, the discovery phase begins to gather evidence through interrogatories, requests for documents, and depositions.
- Your lawyer may file pre-trial motions and attempt settlement negotiations.
- The case proceeds to a trial before a judge if a settlement cannot be reached.
Potential Implications of a Fault Finding
In Henrico County, a successful fault-based divorce can affect spousal support awards and property division, but does not guarantee a specific outcome.
| Fault Ground | Legal Definition (Va. Code § 20-91) | Potential Impact on Case |
|---|---|---|
| Adultery | Voluntary sexual intercourse by either spouse with someone other than the other spouse. | Can bar the adulterous spouse from receiving spousal support; influences equitable distribution. |
| Cruelty | Reasonable apprehension of bodily hurt, or willful conduct that endangers mental or physical health. | May result in a greater share of marital assets awarded to the injured spouse. |
| Willful Desertion | One spouse abandons the other without justification for one year or more. | The deserted spouse may be awarded spousal support and a favorable property division. |
| Felony Conviction | One spouse is convicted of a felony, sentenced to confinement for more than one year, and confined after the marriage. | Similar impact to desertion; influences support and asset division. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Fault Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our deep understanding of Virginia’s equitable distribution statute, which Mr. Sris personally helped amend, is a distinct advantage in fault-based cases where asset division is contested. We have a documented record of favorable outcomes for clients across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Case Results in Henrico County
Our firm has achieved documented positive results for clients in Henrico County courts across various practice areas. In one case, a DWI charge with a high BAC was amended to a first offense. In another, a drug possession charge was reduced to a lesser paraphernalia offense. While these are not family law results, they demonstrate our firm’s active litigation experience and understanding of Henrico County court procedures. Mr. Sris, the firm’s founder and a former prosecutor with a multi-state practice, provides strategic oversight on complex matters.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Henrico County Fault Divorce Lawyers
Our Richmond location serves clients throughout Henrico County, including Glen Allen, Short Pump, and Innsbrook. We are accessible via I-64, I-95, and I-295. If you need a fault based divorce lawyer Henrico County residents trust, contact us for a confidential case review.
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
Phones answered 24/7. In-person meetings by appointment only.
Fault Based Divorce in Henrico County: FAQs
What are the fault grounds for divorce in Virginia?
Yes. Virginia law recognizes four fault grounds: adultery, cruelty, willful desertion for one year or more, and felony conviction with imprisonment of one year or more after marriage (Va. Code § 20-91). Proving fault can affect spousal support and property division.
Do I need a lawyer for a fault-based divorce in Henrico County?
It is highly recommended. An at-fault divorce lawyer Henrico County can help gather necessary evidence, meet strict procedural deadlines, and present a compelling case to the Henrico County Circuit Court judge, as the burden of proof is on the spouse alleging fault.
How does proving adultery affect a divorce case?
If adultery is proven, the court may deny spousal support to the adulterous spouse. It is also a factor the judge can consider when dividing marital property under Virginia’s equitable distribution laws (Va. Code § 20-107.3).
What evidence is needed for a cruelty-based divorce?
Evidence can include police reports, medical records, photographs of injuries, threatening communications, and witness testimony. The key is to show a reasonable fear of bodily harm or conduct that endangers mental or physical health.
Can I get a fault divorce if we have already separated?
Yes. You can file for a fault-based divorce even if you are separated. The fault grounds are separate from the no-fault separation periods. You may choose the grounds that best fit your situation and strategic goals.
How long does a contested fault divorce take in Henrico County?
It depends on the complexity and level of conflict. A contested fault divorce typically takes between 9 to 18 months from filing to trial in Henrico County Circuit Court, though cases with extensive discovery or asset valuation can take longer.
For more information, see our Virginia Family Law overview. We also assist clients in nearby areas like Chesterfield County and Hanover County. If you have other legal needs, explore our services for criminal defense in Henrico County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.