Fault Based Divorce Lawyer in Henrico County, Virginia
In Henrico County, Virginia, a fault based divorce under Va. Code § 20-91 allows you to seek dissolution without a separation period if grounds such as adultery, cruelty, desertion for one year, or felony conviction exist; Law Offices Of SRIS, P.C. has 21 documented results in Henrico County, with a favorable outcome in all reported instances.
Understanding Fault Based Divorce Under Virginia Law
Virginia law provides for fault based divorce under Va. Code § 20-91, which recognizes specific grounds that permit you to file for divorce without waiting through the standard separation period. These grounds include adultery (no waiting period), cruelty, desertion for a 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 grounds allow you to proceed immediately upon proving the alleged misconduct to the court. 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 | Henrico County Circuit Court | Virginia General Assembly — official site
Official Legal References
- Va. Code § 20-91 (Virginia General Assembly — official site) — Defines all 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 Henrico County
In Henrico 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 corroborating witness for an uncontested divorce hearing, and fault grounds like adultery demand clear and convincing proof.
- Identify which fault ground applies under Va. Code § 20-91.
- Gather corroborating evidence, such as witness statements or documentation.
- File your complaint at Henrico County Circuit Court, 4301 East Parham Road.
- Serve the complaint on your spouse through sheriff or private process server.
- Attend the final hearing with your corroborating witness prepared.
- Obtain the final decree of divorce from the court.
Legal Standards and Consequences in Henrico County Divorce
In Henrico County, a fault based divorce under Va. Code § 20-91 carries no criminal penalties but directly affects property division, spousal support, and custody determinations under Virginia’s equitable distribution framework.
| Ground | Classification | Separation Requirement | Impact on Property Division | Impact on Spousal Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | May be considered in equitable distribution | May bar spousal support | Corroborating evidence required |
| Cruelty | Fault ground | None | May be considered in equitable distribution | May affect support award | Must show reasonable apprehension of bodily harm |
| Desertion | Fault ground | 1 year | May be considered in equitable distribution | May affect support award | Must show willful abandonment |
| Felony Conviction | Fault ground | 1+ year imprisonment | May be considered in equitable distribution | May affect support award | Must show conviction and incarceration |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Henrico County Divorce
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, demonstrating deep familiarity with Virginia family law at the legislative level. The firm has 21 documented case results in Henrico County, with favorable outcomes in all reported instances.
Your Legal Team
Proven Results in Henrico County
Law Offices Of SRIS, P.C. has 21 documented results in Henrico County: 17 dismissed or not guilty, 4 reduced or amended — a favorable outcome in all reported instances. These results span multiple practice areas, including traffic, criminal, and sex crimes, demonstrating the firm’s broad litigation experience in Henrico County courts. Results may vary.
Firm-wide, Law Offices Of SRIS, P.C. has 4,739+ documented results across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%.
Our Henrico County Location
Our location in Richmond is approximately 10 miles from Henrico County Circuit Court at 4301 East Parham Road, with access via I-64, I-95, and Route 250 (Broad Street).
Searching for a fault based divorce lawyer near Henrico County? We serve clients throughout the area.
Serving the communities of Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville (partial).
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 Henrico County
How long does a divorce take in Henrico County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Henrico County Circuit Court, depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Complex equitable distribution cases can extend longer.
Uncontested divorce: 2-6 months; contested divorce: 9-18 months.
How much does a divorce cost in Henrico County, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86. Additional costs include sheriff service of process ($12), private process server ($50-$100), Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300/hour per party). Total costs vary based on complexity.
Filing fee: approximately $86; total costs vary.
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. Henrico County Circuit Court handles all property division. Separate property is excluded.
No, Virginia is an equitable distribution state.
How is child custody decided in Henrico County, Virginia?
Custody in Henrico 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. Henrico County J&DR Court handles standalone custody matters.
Custody is decided 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 Henrico County Circuit Court. Va. Code § 20-91 governs all grounds.
Fault grounds include adultery, cruelty, desertion, and felony conviction under Va. Code § 20-91.
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 the opposing party, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 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.
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Last verified: April 2026 | Content updated: 2026-04-29