Fault Based Divorce Lawyer New Kent County — What Are Your Grounds?
A fault based divorce in New Kent County requires proving specific misconduct like adultery or cruelty under Va. Code § 20-91. Law Offices Of SRIS, P.C. provides experienced representation for fault grounds for divorce in New Kent County. Our firm has 11 documented case results in New Kent County. We offer 24/7 phone consultations.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Virginia Fault Divorce Law
Virginia law allows for divorce on both no-fault and fault grounds. A fault based divorce lawyer in New Kent County can file a complaint alleging one of the statutory fault grounds defined in Va. Code § 20-91. Unlike a no-fault divorce, which requires a separation period, a fault divorce can be filed immediately if you have sufficient evidence. The primary fault grounds are adultery, cruelty, desertion, and felony conviction with imprisonment. Successfully proving fault can impact the court’s decisions on spousal support, equitable distribution of property, and attorney’s fees. Mr. Sris, our managing attorney, personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our firm deep insight into how fault can influence property division.
Official Legal Resources
- Va. Code § 20-91 (official Virginia General Assembly) – Lists all fault grounds for divorce.
- New Kent County Circuit Court – Official court website for filing divorce cases.
Proving Fault in New Kent County Circuit Court
An at-fault divorce lawyer in New Kent County must gather and present compelling evidence to the Circuit Court. The court requires clear and convincing proof of the alleged misconduct. For adultery, this often means more than suspicion; it requires corroborating evidence. For cruelty, you must show a reasonable apprehension of bodily harm or a pattern of conduct that makes cohabitation unsafe. In New Kent County, the procedural steps are specific. The court at 12001 Courthouse Circle handles these sensitive matters.
- Consult with a fault based divorce lawyer: Discuss your evidence and the specific grounds that apply to your case.
- File a Complaint for Divorce: Your lawyer files the complaint alleging fault grounds at the New Kent County Circuit Court clerk’s office.
- Serve the Complaint: The other spouse must be formally served with the legal papers.
- Gather and Exchange Evidence: This phase, called discovery, may involve subpoenas, depositions, and document requests.
- Attend Hearings or Trial: Present your evidence to the judge. If fault is proven, the judge will grant the divorce.
- Finalize the Decree: The court issues a final decree of divorce, which may include rulings on related issues like support.
Potential Impacts of a Fault Finding
In New Kent County, a successful fault-based divorce can affect spousal support awards and property division under Virginia’s equitable distribution laws.
| Fault Ground | Legal Definition | 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; may influence property division. |
| Cruelty | Reasonable apprehension of bodily hurt or conduct that makes cohabitation unsafe. | Can justify an immediate divorce; may affect custody and support determinations. |
| Willful Desertion | Abandonment of the marital home for one year or more without cause or consent. | The deserted spouse may be awarded a larger share of marital assets or spousal support. |
| Felony Conviction | Conviction of a felony, sentenced to confinement for more than one year, and cohabitation not resumed after release. | Provides clear grounds for divorce; may influence parenting time 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 tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation. Mr. Sris’s unique background includes personally amending Virginia’s key equitable distribution statute, Va. Code § 20-107.3, giving us an insider’s understanding of how fault arguments are treated in property division. We have a documented record of favorable outcomes for our clients.
Case Results and Client Focus
Our firm has 11 total documented case results across all practice areas in New Kent County, with a 100% favorable outcome rate. Mr. Sris, our founder and a secondary attorney on complex family law matters, is a former prosecutor with a multi-state practice and a background in accounting, which is invaluable for cases involving complex financial misconduct or hidden assets related to fault grounds.
Results may vary. Prior results do not guarantee a similar outcome.
Local Representation for New Kent County
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle). We are your local fault based divorce lawyer near New Kent, accessible via I-64, Route 33, and Route 249. We serve the communities of New Kent, Providence Forge, and Quinton.
Availability: 24/7 phone consultations — meetings by appointment only.
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.
Fault Divorce in New Kent County: Frequently Asked Questions
What are the fault grounds for divorce in Virginia?
Yes. The fault grounds in Virginia are adultery, cruelty and reasonable apprehension of bodily harm, willful desertion or abandonment for one year or more, and felony conviction with imprisonment for over one year. These are defined in Va. Code § 20-91.
Do I need a lawyer for a fault-based divorce in New Kent County?
It is highly advisable. Proving fault requires specific evidence and adherence to court procedure. An experienced at-fault divorce lawyer in New Kent County can gather evidence, file correctly with the Circuit Court, and present a strong case to protect your interests.
How does proving fault affect property division?
It depends. Under Va. Code § 20-107.3, the court considers the circumstances and factors contributing to the dissolution. Proven fault, like adultery or cruelty, can be a factor that leads the judge to award a more favorable distribution of marital assets to the innocent spouse.
Can I get spousal support if my spouse committed adultery?
No, generally not. Virginia law (Va. Code § 20-107.1) states that a spouse is not entitled to spousal support if the marriage ended due to that spouse’s adultery, unless denying support would be a “manifest injustice.” This is a key reason to consult a fault based divorce lawyer.
How long does a fault divorce take in New Kent County?
It varies. An uncontested fault divorce can take 2-4 months. A contested fault divorce, where the grounds are disputed, can take 9-18 months or longer, depending on the complexity of evidence and court scheduling at the New Kent County Circuit Court.
Related Legal Information
If you are considering a divorce, you may also want to learn about Virginia family law. For residents in nearby areas, we also serve as a fault based divorce lawyer in Henrico County. For other legal needs in New Kent County, consider our criminal defense lawyers.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.