Fault Based Divorce Lawyer Suffolk, VA
You discovered that your spouse has been unfaithful, or perhaps you have been subjected to cruelty or abandonment, and now you are considering a divorce in Suffolk, Virginia. A fault-based divorce allows you to end your marriage based on specific marital misconduct, and the grounds you choose can influence property division, spousal support, and even child custody. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., assists individuals in Suffolk in pursuing fault-based divorce actions and protecting their interests. Call (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Filing Under Fault Grounds in Virginia
Virginia law recognizes several fault grounds for divorce under Va. Code § 20-91. Adultery is the most commonly cited ground and, if proven, eliminates the mandatory separation period and can bar the offending spouse from receiving spousal support. Cruelty, including acts that cause reasonable apprehension of bodily harm, and desertion for a period of one year are also available. A felony conviction resulting in imprisonment for more than one year may serve as a fault ground as well. When you pursue a fault-based divorce in Suffolk, the court will examine the evidence you present to determine whether the alleged misconduct occurred. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. can help you evaluate which ground best fits your circumstances and build the evidentiary record needed to support it.
Choosing a fault ground can have strategic advantages beyond simply ending the marriage. For example, a finding of adultery typically bars the offending spouse from receiving spousal support, unless the court finds a manifest injustice would result. Even where support is not completely barred, fault can influence the amount and duration. Equitable distribution of marital property under Va. Code § 20-107.3 requires the court to consider the circumstances that contributed to the dissolution of the marriage, and fault is one factor among many. Mr. Sris, who testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), understands how statutory provisions apply to complex marital estates. He and his Of Counsel work to ensure the fault ground is properly pleaded and supported so that it carries the weight it deserves in the final decree.
What to Expect in the Suffolk Circuit Court
All divorce matters in Suffolk are heard by the Suffolk Circuit Court, located at 150 North Main Street. The process begins with the filing of a complaint that must allege the fault ground with specificity. Virginia law requires at least one corroborating witness to support the grounds, even in an uncontested fault-based divorce. After the complaint is filed and served on your spouse, the court may enter pendente lite orders for temporary support, custody, and use of the marital home while the case proceeds. Discovery—including interrogatories, requests for production of documents, and depositions—is often necessary to gather the evidence to prove fault. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. are experienced in conducting discovery that identifies the key facts while avoiding unnecessary expense.
Settlement is always possible. Many fault-based divorce cases resolve through negotiation or mediation before trial, particularly when the parties reach agreement on property division, support, and custody. If the case goes to trial, the court will hear testimony from both sides and issue a ruling on the divorce, equitable distribution, spousal support, and related issues. The firm’s Of Counsel team includes attorneys who have extensive trial experience in Virginia courts and who work collaboratively with Mr. Sris to prepare each case thoroughly. Throughout the process, you will receive straightforward guidance about what to expect and what options are available.
Consequences of Fault Grounds in a Virginia Divorce
A fault-based divorce can shape the outcome of your case in several important ways. As noted, adultery is a complete bar to spousal support for the offending spouse under Virginia law, unless the evidence demonstrates that a denial of support would be unjust. Other fault grounds, such as cruelty or desertion, may affect the amount and duration of spousal support without acting as an absolute bar. In equitable distribution, the court considers the circumstances that contributed to the end of the marriage; adultery that dissipated marital assets, for example, may result in a greater share of the marital estate being awarded to the innocent spouse.
Fault can also influence child custody and visitation. While Virginia custody decisions are based on the best interests of the child under Va. Code § 20-124.3, the court may consider whether a parent’s misconduct has an adverse effect on the child. Evidence of domestic violence, substance abuse, or other behavior that places a child at risk can weigh heavily in custody and visitation determinations. Mr. Sris and his Of Counsel team understand how to present such evidence in a way that focuses on the child’s welfare and avoids unnecessary conflict.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is a former prosecutor. He has extensive experience in Virginia family law matters, including fault-based divorce, equitable distribution, and spousal support. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635, which revised the state’s equitable distribution statute. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he maintains professional relationships that allow him to serve clients throughout the region.
Mr. Sris is supported by a team of Of Counsel attorneys who bring extensive combined legal experience to family law cases. The firm’s Richmond location at 7400 Beaufont Springs Drive serves clients in Suffolk and across Central Virginia. When you engage Law Offices Of SRIS, P.C., your matter receives the attention of attorneys who have handled divorce, custody, and property disputes in Virginia courts for many years. The firm’s approach combines thorough preparation with a commitment to protecting your interests at every stage of the proceeding. To request a consultation, call (888) 437-7747.
Frequently Asked Questions About Fault-Based Divorce in Suffolk
What is a fault-based divorce in Virginia?
A fault-based divorce is one granted on specific grounds of marital misconduct, not merely separation. Virginia law allows you to file for divorce based on adultery, cruelty, desertion, or a felony conviction. Unlike a no-fault divorce, which requires a separation period of six months or one year, some fault grounds permit you to move directly to a final decree once the evidence supports the claim. This can shorten the timeline and affect related financial orders.
What are the grounds for a fault-based divorce in Virginia?
The statutory fault grounds in Virginia are adultery, cruelty (including reasonable apprehension of bodily hurt), willful desertion for one year, and a felony conviction resulting in imprisonment of more than one year. Each ground must be proved by a preponderance of the evidence. At least one witness besides the parties must corroborate the allegations. Mr. Sris and his Of Counsel help clients gather the necessary evidence and identify which ground is most appropriate given the facts of the marriage.
How does adultery affect a Virginia divorce?
Adultery is a fault ground that, if proven, generally bars the adulterous spouse from receiving spousal support, eliminates any mandatory separation period, and can influence property division. The court will evaluate whether the adultery occurred and whether it had any impact on the marital estate—for example, if marital funds were used to further the affair. Even if adultery is established, the court retains discretion to award support if a denial would cause a manifest injustice, but the bar is a significant strategic factor.
Can cruelty be a ground for divorce in Virginia?
Yes, cruelty that causes a reasonable apprehension of bodily harm is a fault ground for divorce in Virginia. The cruelty must be more than trivial; it must be of a nature that makes continued cohabitation unsafe. Physical violence, threats, or ongoing mental abuse that creates a genuine fear can qualify. Evidence such as medical records, police reports, and witness testimony may be used to support the claim.
Do I need to prove fault to get a divorce in Suffolk?
No, you may also pursue a no-fault divorce based on separation, but proving fault can eliminate the separation waiting period and influence issues like support and property division. If you have grounds such as adultery or cruelty, a fault-based divorce allows you to move forward without waiting six months or a year. Mr. Sris and his Of Counsel can help you decide whether pursuing a fault ground is worth the additional effort and burden of proof.
How does a fault-based divorce affect property division in Virginia?
Virginia is an equitable distribution state, and fault can be a factor the court considers when dividing marital property under Va. Code § 20-107.3. The court examines the circumstances that contributed to the dissolution of the marriage. Adultery that dissipated marital assets, for example, may result in a larger share being awarded to the innocent spouse. However, fault is only one of several factors, and the court will also consider the length of the marriage, each party’s contributions, and other economic circumstances.
Will a fault ground affect spousal support?
Yes, fault can significantly influence spousal support. A spouse found to have committed adultery is generally barred from receiving support unless the court finds the denial would be a manifest injustice. Other fault grounds, such as cruelty or desertion, may affect the amount and duration of support without creating an automatic bar. The court weighs fault among the statutory factors when deciding whether support is warranted and at what level.
How long does a fault-based divorce take in Suffolk?
The timeline for a fault-based divorce depends on whether the case is contested, how quickly evidence can be gathered, and the court’s schedule. If both parties agree and the grounds can be proved without extended litigation, a fault-based divorce can be resolved in months rather than the year or more required for a no-fault separation. Mr. Sris and his Of Counsel work to advance your case efficiently while ensuring that all necessary evidence is before the court.
Do I need a lawyer for a fault-based divorce in Suffolk?
While you are not legally required to have an attorney, a fault-based divorce involves complex evidentiary requirements that make legal representation strongly advisable. Proving fault requires presenting corroborating testimony, financial records, and other evidence that meets the court’s standards. An experienced attorney helps you avoid procedural mistakes, assesses the viability of your grounds, and advocates for a fair resolution of all related issues.
How do I get started with a fault-based divorce lawyer in Suffolk?
Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation with Mr. Sris and his Of Counsel team. We will discuss the facts of your marriage, explain which grounds may apply, and outline the steps involved in filing. Our Richmond location serves Suffolk clients, and we can begin working on your case promptly once you engage our firm.
Request a Consultation
To discuss your specific circumstances with a fault-based divorce lawyer serving Suffolk, call (888) 437-7747 or contact us online. Appointments are held at our Richmond location, and we can accommodate consultations by phone when appropriate. Mr. Sris and his Of Counsel will review your case and help you understand the path forward.
Richmond Location
7400 Beaufont Springs Drive, Suite 300, Room 395
Richmond, VA 23225
By appointment only. Call (888) 437-7747 to schedule.
For full statutory breakdown of Virginia divorce law, see our comprehensive analysis on srislawyer.com.
Official Virginia legal resources:
Virginia Code Title 20 (Family Law)
Virginia Circuit Courts
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.