Fault Based Divorce Lawyer in Fairfax County, Virginia
A fault based divorce in Fairfax County 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 imprisonment for one year or more. Law Offices Of SRIS, P.C.
Virginia Fault Based Divorce Laws Under Va. Code § 20-91
Virginia law provides for fault based divorce under Va. Code § 20-91, which recognizes specific grounds including adultery (no waiting period), 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 period, fault grounds allow you to file immediately upon establishing the ground. The court at Fairfax County Circuit Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) hears all divorce matters. 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 | Fairfax County Circuit Court | Virginia General Assembly — official site
Official Legal References
Review the governing statutes and court resources for fault based divorce in Fairfax County:
- Va. Code § 20-91 (Virginia General Assembly — official site) — Defines all grounds for divorce, including fault grounds.
- Fairfax County Circuit Court (Virginia Courts — official site) — Court jurisdiction and procedures for divorce filings.
Insider Knowledge: Fairfax County Divorce Procedures
In Fairfax County Circuit Court, judges routinely require corroborating witnesses for fault based divorce hearings. We have observed that the court strictly enforces the evidentiary standard for adultery claims, often demanding direct or strong circumstantial evidence rather than mere suspicion.
- Identify and document the specific fault ground under Va. Code § 20-91.
- File a verified complaint at Fairfax County Circuit Court with supporting affidavits.
- Serve the complaint on your spouse and await their response (21 days if served in Virginia).
- Attend the final hearing with a corroborating witness to testify to the grounds.
- Obtain the final divorce decree, which may include equitable distribution and support orders.
Consequences of Fault Based Divorce in Fairfax County
In Fairfax County, a fault based divorce under Va. Code § 20-91 carries no criminal penalties but significantly impacts property division, spousal support, and custody determinations in equitable distribution proceedings.
| Ground | Classification | Waiting Period | Impact on Equitable Distribution | Impact on Spousal Support | Impact on Custody |
|---|---|---|---|---|---|
| Adultery | Fault Ground | None | Court may award a disproportionate share to the innocent spouse | May bar spousal support for the adulterous spouse | Considered as factor in experienced interests analysis |
| Cruelty | Fault Ground | None | May affect division of marital assets | May support award to the victim spouse | Relevant to custody if children were exposed |
| Desertion (1 year) | Fault Ground | 1 year continuous | May influence property division | May support spousal support claim | Considered in custody evaluation |
| Felony Conviction | Fault Ground | 1+ year imprisonment | May affect asset division | May limit support claims | Significant factor in custody decisions |
Results may vary. Prior results do not guarantee a similar outcome.
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. The firm has 1,741 documented case results in Fairfax County alone, with a 96% favorable outcome rate. Every attorney at the firm has over a decade of practice experience, and the firm maintains 24/7 availability for client consultations.
Your Lead Attorney: Mr. Sris
Case Results in Fairfax County
Law Offices Of SRIS, P.C. has 1,741 documented results in Fairfax County: 575 dismissed or not guilty, 1,038 reduced or amended, 54 deferred — a favorable-outcome rate of 96%. These results span all practice areas, including family law, traffic, criminal defense, and sex crimes. Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax County Location
Our location in Fairfax is approximately 1.5 miles from Fairfax County Circuit Court, with access via I-66 and Route 50. We serve as a fault based divorce lawyer near Fairfax County and the surrounding communities of Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and Falls Church area. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
Phone: (703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Fault Based Divorce in Fairfax County
How long does a divorce take in Fairfax County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Fairfax County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Fairfax 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 with business valuation or retirement assets: 12-24 months. 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 Fairfax 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. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Fairfax 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). Fairfax County Circuit Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Fairfax County, Virginia?
Custody in Fairfax 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. Fairfax County J&DR Court handles standalone custody. Fairfax County Circuit Court handles custody within divorce cases. 1,741 total documented case results in Fairfax County (96% favorable outcome rate).
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 Fairfax 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.
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Last verified: April 2026. This page was last updated on 2026-04-29 to reflect current Virginia law and firm case results.
Case results depend on a variety of factors unique to each case. By appointment only.
Attorney responsible for this advertising: Mr. Sris.