Adultery Divorce Lawyer Near Me

When a marriage ends because of a spouse’s extramarital relationship, the legal process in Virginia
moves differently. Adultery is one of the fault‑based grounds for divorce under Va. Code
§ 20‑91, and unlike a no‑fault separation that requires a waiting period, an adultery‑based
divorce may proceed without that delay. Law Offices Of SRIS, P.C. Concentrates part of its family law
practice on representing clients in adultery divorce matters. Mr. Sris, Owner and Founder of the firm,
and the firm’s Of Counsel attorneys appear in Virginia circuit courts for divorce and equitable
distribution proceedings. If you are looking for an adultery divorce lawyer near you, reach the firm
at (888) 437‑7747 to request a consultation.
Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Adultery Divorce Means in Virginia

Virginia is an equitable distribution state. When a divorce is filed on the ground of adultery, the
court must classify marital property, value it, and divide it equitably under Va. Code § 20‑107.3.
Unlike a no‑fault divorce that requires the parties to live separate and apart for either six months
or one year, a filing based on adultery may proceed without that separation period. The circuit court
has jurisdiction over the divorce itself, while related matters of custody and support may also be
heard in the Juvenile and Domestic Relations District Court.

Proving adultery in a Virginia court requires evidence that meets the civil standard. The court will
consider testimony, documentary evidence, and circumstantial facts. Because adultery can affect
property distribution and spousal support, the manner in which the claim is presented matters.
Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635
(chief patron Del. David Bulova), the bill that revised subsection (g) of the equitable distribution
statute — a provision often relevant when marital estates include retirement assets or pensions in an
adultery‑based divorce. The firm’s familiarity with how these statutes operate in practice can assist
clients who are navigating a fault‑based divorce throughout Virginia.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Adultery Divorce Cases

Every adultery divorce begins with a thorough evaluation of the facts. The firm’s approach is to
identify the evidence available, assess its weight under Virginia law, and advise the client on the
advantages and risks of proceeding on a fault‑based ground. Because adultery must be proved by clear
and convincing evidence, the firm’s attorneys review documents, communications, and witness testimony
that may support the claim. They also address how the adultery ground may intersect with other issues
in the divorce, such as the division of a business, a professional practice, or retirement accounts.

If the other spouse contests the adultery allegation, the matter may proceed to a trial before the
circuit court. The firm’s attorneys prepare the case for presentation, including any necessary
discovery and motions practice. If a settlement is possible, they work toward a marital settlement
agreement that resolves all issues, which can then be incorporated into a final decree. Throughout the
process, the goal is to protect the client’s interests while advancing the matter efficiently through
the Virginia court system. Results may vary.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of
Columbia, New Jersey, and New York. A former prosecutor, he brings firsthand trial experience to
family law matters. He keeps a limited personal caseload to remain directly involved in the cases he
accepts. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. The
Of Counsel attorneys who work on family law matters are experienced in Virginia divorce procedure and
appear regularly in circuit courts across the Commonwealth.

The firm’s Fairfax Location serves clients throughout Virginia. For a consultation about an adultery
divorce, call (888) 437‑7747. The firm discusses the facts of your situation, the
legal options available, and what to expect as the case moves forward.

Frequently Asked Questions

What is an adultery divorce in Virginia?

An adultery divorce is a fault‑based divorce filed under Va. Code § 20‑91(1) on the ground
that the other spouse committed adultery. Adultery is one of several fault grounds
recognized by Virginia law. It does not require a period of separation before filing, unlike a
no‑fault divorce. The spouse alleging adultery must present evidence sufficient to prove the
adulterous conduct. Because the claim can affect property division and support, the decision to plead
adultery should be made with careful legal guidance.

Do I need a lawyer for an adultery divorce in Virginia?

Virginia law does not require you to hire a lawyer for a divorce, but an adultery divorce
presents legal and evidentiary challenges that make experienced representation important.
Proving adultery in court requires understanding the rules of evidence, the burden of proof, and how
the court evaluates different types of evidence. An attorney can help gather admissible evidence,
prepare the complaint, and advocate for your position on property, support, and other issues. For
guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

How does adultery 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, including adultery, when dividing marital
property. Va. Code § 20‑107.3(E) lists factors the court weighs, and marital misconduct
such as adultery can be relevant. Depending on the facts, adultery may influence the percentage of
the marital estate each spouse receives, though the court still aims for an equitable, not
necessarily equal, division. The effect varies by case; consult an attorney about how your situation
may be treated.

What evidence is needed to prove adultery in Virginia?

Proof of adultery may be established through direct evidence, such as admissions or
eyewitness testimony, or through circumstantial evidence that shows both the disposition and the
opportunity to commit adultery. Virginia courts require clear and convincing evidence.
Circumstantial evidence can include hotel receipts, travel records, electronic communications, and
testimony about the parties’ conduct. The court evaluates the totality of the circumstances. An
attorney can help determine what evidence exists and how it might be presented. For a consultation,
reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.

Can I still get a divorce if I cannot prove adultery?

Yes, Virginia also allows no‑fault divorce after a period of separation — six months if the
parties have no minor children and a signed separation agreement, or one year otherwise. If
the evidence of adultery is insufficient, you may still obtain a divorce on no‑fault grounds once
the separation period has run. An attorney can advise you on whether to proceed on a fault ground or
to seek a no‑fault divorce while perhaps still raising the adultery in the context of property
distribution and support. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

How does an adultery divorce affect child custody in Virginia?

The court decides custody based on the best interests of the child under Va. Code
§ 20‑124.3, and adultery by itself does not automatically determine custody. The court
considers ten statutory factors, including the relationship between the child and each parent, each
parent’s willingness to support the child’s relationship with the other parent, and any history of
family abuse. Adultery may become relevant if it affects the child’s well‑being or the parent’s
ability to care for the child. Each case is fact‑specific.

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Outbound Authority:
Va. Code § 20‑91 |
Va. Code § 20‑107.3 |
Virginia Courts

Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.