Virginia Beach Fault Based Divorce Lawyer — What Are Your Grounds?
A fault based divorce in Virginia Beach requires proving specific grounds like adultery or cruelty under Va. Code § 20-91. Law Offices Of SRIS, P.C. provides strategic representation for fault-based cases, leveraging Mr. Sris’s personal amendment of Virginia’s equitable distribution statute.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Statutory Definition of Fault Grounds for Divorce in Virginia
Virginia law provides specific fault grounds for divorce, distinct from no-fault separation. These grounds, codified in Va. Code § 20-91, require the filing spouse to present clear and convincing evidence to the court. Proving a fault ground can impact decisions on spousal support, equitable distribution of assets, and child custody. A fault based divorce lawyer Virginia Beach is essential to gather the necessary proof and present a compelling case before a judge.
The primary fault grounds are adultery, cruelty and reasonable apprehension of bodily hurt, willful desertion, and felony conviction. Each has specific legal definitions and evidentiary standards. For instance, adultery requires proof of voluntary sexual intercourse between your spouse and another person. Mr. Sris, founder of the firm, brings deep insight into Virginia family law, having personally contributed to the amendment of Va. Code § 20-107.3, the equitable distribution statute.
Official Legal Resources
- Virginia Code Title 20, Chapter 6 (Divorce) – The official state statutes governing divorce grounds and procedures.
- Virginia Beach Circuit Court – The official court website for filing divorce cases in Virginia Beach.
Virginia Beach Procedural Edge for Fault-Based Cases
Filing a fault-based divorce in Virginia Beach involves specific local procedures at the Circuit Court. The court requires corroborating evidence for fault grounds, which means testimony or proof beyond just the filing spouse’s word. An experienced at-fault divorce lawyer Virginia Beach knows how to meet this standard efficiently.
- Consultation & Evidence Review: Meet with your attorney to review all potential evidence for your chosen fault ground.
- Drafting the Complaint: Your lawyer files a detailed Complaint for Divorce with the Virginia Beach Circuit Court clerk, specifically alleging the fault ground.
- Service of Process: The complaint is formally served on your spouse, who then has 21 days to file an Answer.
- Discovery & Evidence Gathering: If the case is contested, your attorney will use legal tools to gather supporting evidence from your spouse and third parties.
- Pre-Trial Motions & Hearing: Your lawyer may file motions to compel evidence or for temporary support. The court will hold a hearing to evaluate the evidence presented.
- Trial or Settlement: The case may proceed to a trial where a judge rules on the fault ground, or it may settle based on the strength of the evidence.
Potential Impacts of a Fault-Based Divorce
In Virginia Beach, proving a fault ground for divorce can influence a judge’s decisions on financial support and property division, though Virginia remains an equitable distribution state.
| Fault Ground | Legal Standard | Potential Impact on Case |
|---|---|---|
| Adultery | Voluntary sexual intercourse outside marriage. | May affect spousal support awards and be considered in equitable distribution. |
| Cruelty / Reasonable Apprehension | Bodily injury or reasonable fear thereof. | Can influence custody decisions and spousal support. |
| Willful Desertion | Abandonment for one year or more. | May justify a greater share of marital assets to the abandoned spouse. |
| Felony Conviction | Sentenced to confinement for more than one year. | Significant impact on custody and visitation rights. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Beach Fault Divorce Attorneys
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 firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. Mr. Sris’s unique background includes personally amending Virginia’s key equitable distribution statute, Va. Code § 20-107.3, giving our team significant insight into how fault can influence property division. We provide “Advocacy Without Borders,” offering clear, strategic guidance for your fault-based divorce case.
Case Results in Fault-Based and Family Law Matters
Our firm has a documented record of favorable outcomes in family law. In Virginia Beach, we have 8 total documented case results across all practice areas with a 100% favorable outcome rate. Mr. Sris, our managing attorney and a former prosecutor, provides critical oversight and strategy on complex fault-based divorces, leveraging his deep knowledge of Virginia law and courtroom dynamics.
Results may vary. Prior results do not guarantee a similar outcome.
Fault Based Divorce Lawyer Near Virginia Beach
Our Richmond location serves clients with Virginia Beach fault-based divorce cases. We are accessible from Virginia Beach via I-64 and I-264. We serve the communities of Virginia Beach, Sandbridge, and Oceana.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
By appointment only.
Fault Based Divorce Lawyer Virginia Beach FAQ
What are the fault grounds for divorce in Virginia Beach?
Yes. The four primary fault grounds under Va. Code § 20-91 are adultery, cruelty and reasonable apprehension of bodily hurt, willful desertion for one year or more, and felony conviction resulting in confinement for over one year. A fault grounds for divorce lawyer Virginia Beach can advise if your situation meets the legal standard for any of these.
Is it better to file for a fault-based or no-fault divorce in Virginia?
It depends on your specific circumstances. A no-fault divorce based on separation is often simpler and less adversarial. However, a fault-based divorce may be strategically advantageous if you have strong evidence, as it can influence spousal support and property division. An attorney can analyze the pros and cons for your case.
How do I prove adultery in a Virginia Beach divorce?
Proving adultery requires clear and convincing evidence of voluntary sexual intercourse. This can include direct evidence like photographs or admissions, or circumstantial evidence such as hotel receipts, communications, and witness testimony. The court requires corroborating evidence beyond the accusing spouse’s statement.
Can a fault-based divorce affect child custody in Virginia?
Yes. While custody decisions are based on the child’s best interests under Va. Code § 20-124.3, evidence of fault like cruelty or a felony conviction can be highly relevant to a judge’s assessment of a parent’s fitness and the child’s safety and welfare.
What if my spouse denies the fault allegations?
If your spouse contests the fault ground in their Answer, your case becomes a contested divorce. Your attorney will then engage in the discovery process to gather evidence to prove your allegations. The case may proceed to a trial where a judge will hear evidence and make a ruling on the validity of the fault ground.
Related Legal Services in Virginia Beach
If you are dealing with a family law issue in Virginia Beach, you may also want to learn about criminal defense or DUI defense. For other family law matters in the region, see our pages for Henrico County family law and Chesterfield County family law. Learn more about our firm’s approach on our Virginia family law hub page.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.