Fault Based Divorce Lawyer Near Me
When a marriage breaks down because one spouse has committed adultery, cruelty, desertion, or another serious marital wrong, you may have the right to end the marriage by proving fault. In Chesapeake, Virginia, a fault-based divorce can affect property division and spousal support and may allow you to move forward without the longer separation period required for a no-fault divorce. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to fault-based divorce cases and appear in Chesapeake Circuit Court and other Virginia courts. Results may vary. To schedule a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Fault Based Divorce Means in Chesapeake, Virginia
Virginia is one of the jurisdictions that still recognize fault as a basis for ending a marriage. Under Va. Code § 20‑91, a spouse may file for divorce on four fault grounds: adultery, cruelty or reasonable apprehension of bodily harm, willful desertion or abandonment for one year, and conviction of a felony that results in confinement for more than one year. Chesapeake residents filing a fault-based divorce bring their action in the Chesapeake Circuit Court, which is part of the 15th Judicial Circuit of Virginia. The court handles all divorce, equitable distribution, and spousal support matters.
Because Virginia uses equitable distribution, proving fault can influence how the court divides marital property and whether spousal support is awarded. A spouse whose misconduct caused the breakdown of the marriage may receive a smaller share of the marital estate or be barred from receiving support altogether. Even so, the court weighs multiple factors under Va. Code § 20‑107.3 when deciding a fair outcome. Fault-based divorce can also be filed without the waiting period that applies to no‑fault cases, which often makes it an attractive option for spouses who want to dissolve the marriage quickly.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Fault Based Divorce Cases
Mr. Sris and his Of Counsel approach each fault-based divorce by examining the specific allegations and the evidence needed to prove them. Adultery, for example, is rarely proven by direct testimony and often requires circumstantial proof such as witness statements, phone records, or financial documents. A cruelty claim must show that the conduct rendered continued cohabitation unsafe. The team works with private investigators and forensic accountants when needed to gather admissible evidence and build a record that supports the client’s position. Every step—from filing the Complaint to the final hearing—is handled with attention to the procedural requirements of the Chesapeake Circuit Court.
Clients are advised about the strategic consequences of pursuing a fault ground. While fault can provide advantages in property division and eliminate the separation waiting period, it also means litigating sensitive personal matters in open court. Mr. Sris and the firm’s Of Counsel attorneys help clients weigh the benefits against the personal exposure and explore whether a negotiated property settlement agreement or an uncontested no‑fault divorce may be a better path. When litigation is necessary, the team draws on years of trial experience in Virginia courts to present the case effectively.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder
Mr. Sris is a former prosecutor who has practiced law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in criminal trial work gives him firsthand insight into courtroom dynamics and the rules of evidence, which are essential when proving fault grounds such as adultery or cruelty. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised Virginia’s equitable distribution statute. He keeps his caseload manageable to remain deeply involved in each matter he accepts.
The Firm’s Of Counsel Attorneys
The firm’s Of Counsel attorneys bring additional family‑law experience and litigation background to fault‑based divorce cases. They handle evidence analysis, motion practice, and trial preparation in collaboration with Mr. Sris. Because the firm has no associate or partner employees, every attorney working on a client’s case does so as independent Of Counsel, which allows a breadth of knowledge and approach that serves clients well in high‑conflict divorce litigation. Together, Mr. Sris and the firm’s Of Counsel attorneys help clients navigate the Chesapeake Circuit Court and other Virginia tribunals.
Frequently Asked Questions
What are the fault grounds for divorce in Virginia?
Virginia law recognizes four fault grounds for divorce: adultery, cruelty, willful desertion or abandonment for one year, and a felony conviction resulting in confinement for more than one year. Each ground requires distinct proof. Adultery may be shown through circumstantial evidence; cruelty must demonstrate that the spouse’s conduct made continued cohabitation unsafe; desertion requires proof that the spouse left without justification for at least twelve months. A fault‑based divorce is filed in the circuit court of the locality where either spouse resides.
How does proving fault affect property division in Virginia?
Under Virginia’s equitable distribution statute, the court may consider the circumstances that contributed to the dissolution of the marriage when dividing marital assets and liabilities. If one spouse’s misconduct is found to have caused the breakup, that spouse may receive a smaller share of the marital property or be denied spousal support. The judge weighs multiple factors under Va. Code § 20‑107.3, so a fault finding does not automatically strip a spouse of property rights—it is one element in a broader balancing.
Can I file for divorce in Chesapeake, Virginia, if I just moved here?
Yes, if you or your spouse have lived in Virginia for at least six months before filing and you are now a resident of Chesapeake. Virginia requires that at least one party be a bona fide resident and domiciliary of the Commonwealth for the six months preceding the filing. The divorce complaint is filed in the Chesapeake Circuit Court, which is located at 307 Albemarle Drive, Chesapeake, VA 23322. Mr. Sris and the firm’s Of Counsel attorneys can verify whether the residency requirement is met and assist with the initial filing.
Do I have to prove fault to get divorced in Virginia?
No, Virginia also offers no‑fault divorce, which requires a separation period of one year, or six months if the couple has no minor children and has signed a written separation agreement. Many clients choose the no‑fault route to avoid the expense and emotional toll of airing private misconduct in court. However, if a fault ground exists and the client wants to move forward immediately without a separation period, proving fault is the available path. An attorney can help you evaluate which option fits your circumstances.
What should I do if I suspect my spouse committed adultery?
Speak with a lawyer before confronting your spouse or taking any action that could affect the admissibility of evidence. Adultery claims are fact‑sensitive and often depend on documentary or electronic records, witness statements, or patterns of behavior. Attempting to gather evidence yourself may compromise its usefulness in court. Mr. Sris and the firm’s Of Counsel attorneys can discuss what proof is needed and, if appropriate, involve a private investigator who works within legal boundaries to secure admissible evidence.
How do I start a fault‑based divorce case in Chesapeake?
The process begins with a consultation to review the grounds, evidence, and your goals for property distribution, support, and any child‑related issues. After confirming that a fault ground exists and that Virginia residency requirements are met, your attorney files a Complaint for Divorce in the Chesapeake Circuit Court. The other spouse is served with the papers and has an opportunity to respond. The case then proceeds through discovery, possible settlement negotiations, and, if necessary, a trial before the judge. For a consultation regarding a fault‑based divorce in Chesapeake, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Virginia Legal Resources
Virginia Code Title 20 — Domestic Relations | Chesapeake Circuit Court
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