In King William County, Virginia, a fault based divorce under Va. Code § 20-91 allows you to seek dissolution without a waiting period if grounds such as adultery, cruelty, or desertion are proven. Law Offices Of SRIS, P.C. has extensive family law experience and can guide you through the King William County Circuit Court process. Call (888) 437-7747 for a consultation by appointment.
Fault Based Divorce Lawyer in King William County, Virginia
Virginia law provides for fault based divorce under Va. Code § 20-91, which allows you to file for divorce without the standard separation period if you can prove specific fault grounds. These grounds include adultery (no waiting period), cruelty (physical or mental), desertion for a period of one year, and felony conviction with imprisonment for one year or more. The fault grounds for divorce lawyer King William County relies on must be established by clear and convincing evidence at the King William County Circuit Court. Unlike no-fault divorce, which requires a 6-month or 1-year separation, a fault based divorce can proceed immediately upon filing if the grounds are proven. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience to every case.
Last verified: April 2026 | King William County Circuit Court | Virginia General Assembly — official site
For the full text of the divorce statute, see Va. Code § 20-91 (Virginia General Assembly — official site). For equitable distribution rules, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In King William County Circuit Court, prosecutors and judges routinely scrutinize fault-based divorce claims for corroborating evidence. We have observed that the court requires at least one witness or documentary proof to support allegations of adultery or cruelty.
An at-fault divorce lawyer King William County must prepare a corroborating witness who can testify to the facts supporting the fault ground. Without this, the court may dismiss the fault claim and require a no-fault separation period.
- Identify and document the fault ground (e.g., adultery, cruelty, desertion).
- Gather corroborating evidence: text messages, emails, financial records, or witness statements.
- File a complaint at King William County Circuit Court (351 Courthouse Lane, Suite 201).
- Serve the complaint on your spouse via sheriff or private process server.
- Attend the hearing with your corroborating witness prepared to testify.
- Obtain the final divorce decree from the court.
In King William County, a fault based divorce under Va. Code § 20-91 carries no criminal penalties but affects property division, spousal support, and custody outcomes. The court considers fault in equitable distribution under Va. Code § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (fault ground) | Civil — no criminal penalty | None | None | None | May affect spousal support and property division |
| Cruelty (fault ground) | Civil — no criminal penalty | None | None | None | May affect custody and support orders |
| Desertion (1 year) | Civil — no criminal penalty | None | None | None | May affect equitable distribution |
| Felony conviction (1+ year imprisonment) | Civil — no criminal penalty | None | None | None | Grounds for divorce without separation period |
Results may vary.
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%. The firm, known as “Advocacy Without Borders,” has extensive experience handling fault based divorce cases in King William County. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Law Offices Of SRIS, P.C. has extensive documented case results in Virginia, including 7 total documented case results across all practice areas in King William County, with a favorable outcome in all reported instances. Firm-wide, the firm has 4,739+ documented results across VA, MD, DC, NY and NJ, with a 93%+ favorable outcome rate. Results may vary.
Our location in Richmond is approximately 30 miles from King William County Circuit Court, with access via Route 30, Route 360, and Route 33. Serving as a fault based divorce lawyer near King William County, we represent clients throughout the area. Serving the communities of King William, West Point, and Aylett. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our Location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (804) 201-9009 | By appointment only.
Frequently Asked Questions About Fault Based Divorce in King William County
How long does a divorce take in King William County, Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at King William County Circuit Court, depending on mandatory separation periods and court calendar. Contested divorces routinely take 9-18 months. Law Offices Of SRIS, P.C. handles complex matters — consultation by appointment at (888) 437-7747.
Uncontested divorce: 2-6 months. Contested divorce: 9-18 months.
How much does a divorce cost in King William County, Virginia?
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.
Filing fee: $86. Total costs vary based on complexity.
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). King William County Circuit Court handles all property division.
No, Virginia is an equitable distribution state.
How is child custody decided in King William County, Virginia?
Custody in King William 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. King William County J&DR Court handles standalone custody.
Custody is based on the experienced interests of the child under Va. Code § 20-124.3.
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 King William County Circuit Court.
Fault grounds include adultery, cruelty, desertion, and felony conviction.
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.
Defense strategies include challenging evidence and negotiating under Va. Code § 20-91.
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.
Contact a family law attorney immediately and preserve all evidence.
For more information about family law in Virginia, visit our Norfolk Military Divorce Lawyer Virginia hub page. You may also find these related pages useful: Family Law Lawyer Albemarle County and Family Law Lawyer Arlington County. For other legal needs in King William County, see Corporate Compliance Lawyer King William County and Consumer Protection Lawyer King William County.
Last verified: April 2026. This page was generated on 2026-04-29. For the most current information, consult a qualified attorney.