In Colonial Heights, Virginia, a fault based divorce under Va. Code § 20-91 allows you to seek dissolution without a waiting period on grounds such as adultery, cruelty, desertion for one year, or felony conviction with one year of imprisonment. Law Offices Of SRIS, P.C.
Fault Based Divorce Lawyer in Colonial Heights, Virginia
Under Virginia law, a fault based divorce is governed by Va. Code § 20-91, which provides specific grounds for divorce without the need for a separation period. These grounds include adultery (no waiting period), cruelty, desertion for one year, and felony conviction with one year of imprisonment. Unlike no-fault divorce, which requires a six-month or one-year separation, a fault based divorce can be filed immediately upon proving the fault ground. The Colonial Heights Circuit Court, part of the Twelfth Judicial District, presides over all divorce and equitable distribution cases in Colonial Heights. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience.
Last verified: April 2026 | Colonial Heights Circuit Court | Virginia General Assembly — official site
For authoritative legal references, consult the following official government sources:
- Va. Code § 20-91 (Virginia General Assembly — official site) — governs grounds for divorce, including fault grounds.
- Colonial Heights General District Court (Virginia Courts — official site) — provides court information and procedures.
In the Colonial Heights Circuit Court, prosecutors and judges routinely scrutinize fault-based divorce claims for corroborating evidence. We have observed that adultery claims, in particular, require independent proof beyond a spouse’s admission — such as hotel receipts, photographs, or witness testimony. Desertion claims demand evidence of intent to abandon and a full year of continuous separation. Cruelty claims must show a pattern of conduct that makes cohabitation unsafe or intolerable.
- Identify the specific fault ground under Va. Code § 20-91 that applies to your situation.
- Gather corroborating evidence — documents, photographs, or witness statements — to support your claim.
- File a divorce complaint at the Colonial Heights Circuit Court, 550 Boulevard, Colonial Heights, VA 23834.
- Serve the complaint on your spouse through the sheriff’s office or a private process server.
- Attend the final hearing with your corroborating witness to obtain the final decree.
- Consult with a Fault Based Divorce Lawyer Colonial Heights to ensure all procedural requirements are met.
In Colonial Heights, Virginia, a fault based divorce carries no criminal penalties but involves significant financial and custodial consequences, including equitable distribution of marital property, spousal support, child support, and custody determinations under Va. Code § 20-107.3 and § 20-124.2.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (Fault Ground) | Civil — No Criminal Penalty | None | None | None | May affect spousal support, property division, and custody determinations |
| Cruelty (Fault Ground) | Civil — No Criminal Penalty | None | None | None | May require protective orders; impacts custody and support |
| Desertion (1 Year) | Civil — No Criminal Penalty | None | None | None | May affect spousal support and property division |
| Felony Conviction (1+ Year Imprisonment) | Civil — No Criminal Penalty | None | None | None | May affect custody and support; requires proof of conviction |
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%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. This unique legislative credential distinguishes the firm as a skilled authority in Virginia family law. The firm’s “Advocacy Without Borders” approach ensures clients receive dedicated representation regardless of case complexity.
Law Offices Of SRIS, P.C. has 4 documented results in Colonial Heights: a favorable outcome in all reported instances — a favorable-outcome rate of 100%. Results may vary. These results include family law and other practice areas, demonstrating the firm’s commitment to achieving positive outcomes for clients in the Colonial Heights area.
Our location in Richmond is approximately 20 miles from Colonial Heights Circuit Court, with access via I-95 and Route 1. We serve as a fault grounds for divorce lawyer Colonial Heights, providing representation for clients seeking an at-fault divorce lawyer Colonial Heights. Serving the communities of Colonial Heights, Swift Creek, and the Petersburg border. 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 Colonial Heights
How long does a divorce take in Colonial Heights (City), Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Colonial Heights Juvenile & Domestic Relations District Court (custody/support/protective orders) and Colonial Heights 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 Colonial Heights, Virginia?
Yes. 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. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Colonial Heights 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). Colonial Heights Circuit Court (550 Boulevard, Colonial Heights, VA 23834) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Colonial Heights, Virginia?
Custody in Colonial Heights 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. Colonial Heights J&DR Court handles standalone custody. Colonial Heights Circuit Court handles custody within divorce cases. 4 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 Colonial Heights 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.
Related Legal Services
- Norfolk Military Divorce Lawyer Virginia — State hub for military divorce in Virginia.
- Family Law Lawyer Albemarle County — Family law services in Albemarle County.
- Family Law Lawyer Arlington County — Family law services in Arlington County.
- Family Law Lawyer Augusta County — Family law services in Augusta County.
- Franchise Lawyer Colonial Heights — Business law services in Colonial Heights.
- Business Succession Lawyer Colonial Heights — Business succession planning in Colonial Heights.
Last verified: April 2026 | Page generated: 2026-04-29