Fault based divorce in Arlington County, Virginia, is governed by Va. Code § 20-91, which allows divorce on grounds including adultery, cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. Law Offices Of SRIS, P.C. has 115 documented results in Arlington County, with a favorable outcome in all reported instances.
Fault Based Divorce Lawyer in Arlington County, Virginia
Virginia law provides for fault-based divorce under Va. Code § 20-91. The statute recognizes several fault grounds: adultery (no waiting period required), cruelty (reasonable apprehension of bodily harm), desertion for a continuous period of one year, and felony conviction with imprisonment for one year or more. Unlike no-fault divorce, which requires a 6-month or 1-year separation, fault-based divorce allows you to file immediately upon proving the ground. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience to Arlington County family law matters.
Last verified: April 2026 | Arlington County Circuit Court | Virginia General Assembly — official site
For the full text of Virginia’s divorce statutes, consult the official Virginia Legislative Information System: Va. Code § 20-91 (Virginia General Assembly — official site). For equitable distribution provisions, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Arlington County Circuit Court, judges routinely scrutinize fault-based divorce claims for corroborating evidence. We have observed that the court requires independent proof beyond the testimony of the parties — a single witness or documentary evidence is often necessary to establish grounds such as adultery or cruelty.
- Consult with a Fault Based Divorce Lawyer Arlington County to evaluate your grounds under Va. Code § 20-91.
- Gather corroborating evidence — text messages, financial records, or witness testimony — to support fault allegations.
- File a complaint at Arlington County Circuit Court, 1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend pendente lite hearings for temporary support and custody, typically set within 21-60 days.
- Proceed to final hearing, where the court will divide marital property equitably under Va. Code § 20-107.3.
In Arlington County, fault-based divorce carries no criminal penalties but significantly impacts property division, spousal support, and custody determinations under Virginia’s equitable distribution framework.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (Va. Code § 20-91(1)) | Fault ground for divorce | None | None | None | May affect spousal support award; no waiting period required |
| Cruelty (Va. Code § 20-91(6)) | Fault ground for divorce | None | None | None | Requires reasonable apprehension of bodily harm; may impact custody |
| Desertion (Va. Code § 20-91(2)) | Fault ground for divorce | None | None | None | Requires continuous desertion for 1 year; may affect property division |
| Felony Conviction (Va. Code § 20-91(3)) | Fault ground for divorce | None (divorce only) | None | None | Requires conviction and 1+ year imprisonment; may impact custody |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm’s Arlington location at 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209, serves clients throughout Arlington County and Northern Virginia. “Advocacy Without Borders” reflects the firm’s commitment to accessible, high-quality legal representation.
Law Offices Of SRIS, P.C. has 115 documented results in Arlington County: 22 dismissed or not guilty, 93 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. Prior results do not guarantee a similar outcome. These results span multiple practice areas including traffic, criminal, and family law matters.
Our location in Arlington is approximately 1.5 miles from Arlington County Circuit Court at 1425 N. Courthouse Rd, with access via I-395 and Route 50. As a fault based divorce lawyer near Arlington County, we serve the communities of Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209
(703) 589-9250 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Fault Based Divorce in Arlington County
How long does a divorce take in Arlington County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Arlington County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Arlington County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution cases can extend longer. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
How much does a divorce cost in Arlington County, Virginia?
The Circuit Court filing fee for divorce complaint is approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Arlington County General District Court.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Arlington County Circuit Court (1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Arlington County, Virginia?
Custody in Arlington County is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Arlington County J&DR Court handles standalone custody. Arlington County Circuit Court handles custody within divorce cases. 115 total documented case results across all practice areas (favorable outcome in all reported instances).
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Arlington County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party.
How does a Virginia lawyer defend against fault based divorce charges?
Defense strategies for fault based divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (grounds for divorce) to build the strongest possible defense.
What should I do if I am facing fault based divorce charges in Virginia?
If facing fault based divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
How does a Virginia lawyer defend against adultery divorce charges?
Defense strategies for adultery divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91(1) (adultery as fault ground — no waiting period) to build the strongest possible defense.
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Last verified: April 2026 | Content updated: 2026-04-29