Fault Based Divorce Lawyer Chesterfield County, Virginia
If you are seeking a divorce based on fault grounds in Chesterfield County, Virginia, you must prove adultery, cruelty, desertion for one year, or a felony conviction under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 15 documented results in Chesterfield County, with a favorable outcome in all reported instances. A Fault Based Divorce Lawyer Chesterfield County can guide you through this process.
Understanding Fault Based Divorce Under Virginia Law
Virginia law recognizes both no-fault and fault-based grounds for divorce under Va. Code § 20-91. Fault grounds include adultery (no waiting period), cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. Unlike no-fault divorce, which requires a six-month or one-year separation period, fault-based divorce allows you to file immediately upon proving the ground. The Chesterfield County Circuit Court, located at 9500 Courthouse Road, Chesterfield, VA 23832, handles all divorce and equitable distribution matters. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience to every case.
Last verified: April 2026 | Chesterfield County Circuit Court | Virginia General Assembly — official site
Official Legal References
Review the governing statutes for fault-based divorce in Virginia:
- Va. Code § 20-91 (Virginia General Assembly — official site) — Defines grounds for divorce, including fault grounds.
- Va. Code § 20-107.3 (Virginia General Assembly — official site) — Governs equitable distribution of marital property.
Local Procedural Insights for Chesterfield County
In Chesterfield County Circuit Court, judges routinely require corroborating evidence for fault-based divorce claims. We have observed that the court expects at least one witness or documentary proof to substantiate allegations of adultery or cruelty.
- Step 1: Gather evidence of fault grounds — text messages, photographs, financial records, or witness statements.
- Step 2: File a verified complaint at Chesterfield County Circuit Court, detailing the specific fault ground.
- Step 3: Serve your spouse with the complaint and summons via sheriff or private process server.
- Step 4: Attend the pendente lite hearing for temporary support and custody if needed.
- Step 5: Prepare for the final hearing with corroborating evidence and a witness.
- Step 6: Obtain the final divorce decree from Chesterfield County Circuit Court.
In Chesterfield County, Virginia, fault-based divorce does not carry criminal penalties but affects property division, spousal support, and custody outcomes under Va. Code § 20-91 and § 20-107.3.
| Ground | Classification | Waiting Period | Impact on Property Division | Impact on Spousal Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Court may award a disproportionate share to the innocent spouse | May bar spousal support for the adulterous spouse | Can affect custody if proven |
| Cruelty | Fault ground | None | Court considers fault in equitable distribution | May impact support awards | Protective orders may be issued |
| Desertion | Fault ground | 1 year | Fault considered in division | May affect support | Must prove willful abandonment |
| Felony Conviction | Fault ground | 1+ year imprisonment | Fault considered in division | May affect support | Must prove conviction and incarceration |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Fault-Based Divorce
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ 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. Our firm understands the nuances of fault-based divorce in Chesterfield County and provides strategic representation case-specific to your case.
Case Results in Chesterfield County
Law Offices Of SRIS, P.C. has 15 documented results in Chesterfield County: 8 dismissed or not guilty, 7 reduced or amended — a favorable outcome in all reported instances. These results span traffic, drug offenses, and other criminal matters, demonstrating our firm’s commitment to achieving positive outcomes for clients. Results may vary.
Our Location and Service Area
Our location in Richmond is approximately 15 miles from Chesterfield County Circuit Court (9500 Courthouse Road), with access via I-95, I-295, and Route 10.
Fault Based Divorce Lawyer near Chesterfield County: We serve clients throughout Chesterfield County and the surrounding communities.
Serving the communities of: Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, Moseley.
24/7 phone consultations — (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Richmond Location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (804) 201-9009
Frequently Asked Questions About Fault Based Divorce in Chesterfield County
How long does a divorce take in Chesterfield County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Chesterfield County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Chesterfield 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.
How much does a divorce cost in Chesterfield 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. Total costs vary widely based on complexity and whether the divorce is contested.
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). Chesterfield County Circuit Court (9500 Courthouse Road, Chesterfield, VA 23832) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded from division.
How is child custody decided in Chesterfield County, Virginia?
Custody in Chesterfield 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. Chesterfield County J&DR Court handles standalone custody. Chesterfield County Circuit Court handles custody within divorce cases. The court prioritizes the child’s safety and well-being above all else.
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 Chesterfield County Circuit Court. Fault grounds allow immediate filing without waiting for a separation period.
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. A skilled lawyer can often negotiate a settlement that avoids a fault-based finding.
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. Immediate legal counsel can protect your rights and assets.
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Last verified: April 2026 | Page generated: 2026-04-29
By appointment only. Our location in Richmond serves Chesterfield County clients.
Attorney responsible for this advertising: Mr. Sris.
Case results depend on a variety of factors unique to each case.