Fault Based Divorce Lawyer in New Kent County, Virginia
A fault based divorce in New Kent County, Virginia, is governed by Va. Code § 20-91, which allows divorce on grounds including adultery, cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. Law Offices Of SRIS, P.C. has 11 documented results in New Kent County, with a favorable outcome in all reported instances.
Understanding Fault Based Divorce Under Virginia Law
Virginia law under Va. Code § 20-91 provides several fault grounds for divorce. Adultery allows for an immediate divorce with no waiting period, provided the spouse can prove the act by a preponderance of the evidence. Cruelty and reasonable apprehension of bodily harm also qualify as fault grounds. Desertion requires a one-year separation period before filing. A felony conviction with at least one year of imprisonment is another recognized fault ground. As an at-fault divorce lawyer New Kent County, we understand the evidentiary requirements for each ground. The fault grounds for divorce lawyer New Kent County must present corroborating evidence at the final hearing. 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 | New Kent County Circuit Court | Virginia General Assembly — official site
Official Legal References
Review the official statutes governing divorce in Virginia: Va. Code § 20-91 (Virginia General Assembly — official site) and Va. Code § 20-107.3 (Virginia General Assembly — official site).
Insider Knowledge: New Kent County Family Law Procedures
In New Kent County Circuit Court, prosecutors and family court judges routinely require corroborating witnesses for uncontested fault-based divorces. We have observed that the court strictly enforces the one-year separation period for desertion claims.
- Identify your specific fault ground under Va. Code § 20-91.
- Gather corroborating evidence, including witness testimony or documentation.
- File your complaint at New Kent County Circuit Court, 12001 Courthouse Circle.
- Serve your spouse with the complaint and summons.
- Attend any temporary hearings for support or custody.
- Proceed to final hearing for entry of the divorce decree.
Divorce Outcomes and Considerations in New Kent County
In New Kent County, Virginia, a fault based divorce carries no criminal penalties but significantly impacts property division, spousal support, and custody determinations under Va. Code § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault Ground | None | None | None | May affect spousal support and property division |
| Cruelty | Fault Ground | None | None | None | Requires corroborating evidence; may impact custody |
| Desertion (1 year) | Fault Ground | None | None | None | Requires proof of intent to abandon |
| Felony Conviction | Fault Ground | 1+ year imprisonment | None | None | Must be convicted and imprisoned for 1+ year |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your New Kent County 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. This unique achievement demonstrates our deep commitment to Virginia family law.
Your Legal Team
Our Track Record in New Kent County
Law Offices Of SRIS, P.C. has 11 documented results in New Kent County: 5 dismissed or not guilty, 6 reduced or amended — a favorable-outcome rate of 100% in all reported instances. These results span traffic, criminal, and drug offense cases. Results may vary. Firm-wide, we have 4,739+ documented results across VA, MD, DC, NY and NJ.
Our Location and Service Area
Our location in Richmond is approximately 25 miles from New Kent County Circuit Court, with access via I-64 and Route 33. As a fault based divorce lawyer near New Kent, we serve the communities of New Kent, Providence Forge, and Quinton. 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
Frequently Asked Questions About Fault Based Divorce in New Kent County
How long does a divorce take in New Kent County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at New Kent County Juvenile & Domestic Relations District Court (custody/support/protective orders) and New Kent 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. Complex equitable distribution cases can take longer. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
Uncontested divorces take 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in New Kent County, Virginia?
Yes, costs vary. 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 New Kent County General District Court.
Filing fee is approximately $86, plus service and other costs.
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). New Kent County Circuit Court (12001 Courthouse Circle, New Kent, VA 23124) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state.
How is child custody decided in New Kent County, Virginia?
Custody in New Kent 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. New Kent County J&DR Court handles standalone custody. New Kent County Circuit Court handles custody within divorce cases. 11 total documented case results across all practice areas (favorable outcome in all reported instances).
Custody is decided based on the child’s experienced interests 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 New Kent 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.
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 with prosecutors.
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.
Related Legal Services
- Norfolk Military Divorce Lawyer Virginia — State-level hub for military divorce.
- Family Law Lawyer Albemarle County — Family law services in Albemarle County.
- Family Law Lawyer Arlington County — Family law services in Arlington County.
- Marijuana Possession Lawyer New Kent County — Criminal defense for marijuana possession.
- Protective Order Defense Lawyer New Kent County — Defense against protective orders.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly — official site