Fault Based Divorce Lawyer Chesapeake — What Are Your Grounds?
A fault based divorce in Chesapeake, Virginia, requires proving specific misconduct like adultery or cruelty under Va. Code § 20-91. Law Offices Of SRIS, P.C. provides focused representation for fault grounds for divorce in Chesapeake. Our firm has 6 documented case results in Chesapeake.
Virginia Fault Divorce Statute and Grounds
Virginia law provides specific fault grounds for ending a marriage, distinct from a no-fault separation. The primary statute governing divorce, including fault-based divorces, is Va. Code § 20-91. To obtain a fault based divorce in Chesapeake, you must prove one of the following grounds occurred before you filed for separation: adultery, sodomy, or buggery; conviction of a felony with imprisonment for more than one year; cruelty causing reasonable apprehension of bodily harm; or willful desertion or abandonment for one year or more.
Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly
Official Legal Resources for Chesapeake
For the official text of Virginia divorce laws, refer to the Virginia Code Title 20, Chapter 6. All fault based divorce cases in Chesapeake are filed with the Chesapeake Circuit Court located at 307 Albemarle Drive.
Procedural Edge for a Fault Based Divorce in Chesapeake
Pursuing a fault based divorce in Chesapeake involves distinct procedural steps and a higher burden of proof than a no-fault divorce. Chesapeake Circuit Court handles all divorce, equitable distribution, and spousal support matters. Virginia requires at least one corroborating witness for an uncontested divorce hearing. For a fault case, you must present clear and convincing evidence of the misconduct, such as adultery or cruelty. This often involves gathering documentation, witness testimony, or other proof. The court will consider the fault when making decisions on spousal support (alimony) and the equitable distribution of marital assets under Va. Code § 20-107.3.
- Consult with a fault based divorce lawyer Chesapeake to evaluate the strength of your evidence and the strategic value of a fault claim.
- Gather and organize all evidence supporting the fault ground, such as communications, witness statements, or financial records.
- File a Complaint for Divorce with the Chesapeake Circuit Court clerk, specifically alleging the fault ground and providing a summary of facts.
- Serve the divorce papers on your spouse according to Virginia procedural rules.
- Proceed through discovery and pre-trial hearings, where your attorney will present evidence and argue the fault claim.
- Attend a final hearing or trial where a judge will hear the evidence and grant the divorce decree if fault is proven.
Potential Outcomes and Considerations
In Chesapeake, a fault based divorce can affect alimony awards and property division, but it does not guarantee a specific financial outcome.
| Fault Ground | Legal Standard | Potential Impact | Key Consideration |
|---|---|---|---|
| Adultery | Voluntary sexual intercourse outside marriage | Can bar adulterous spouse from receiving spousal support; affects property division | Requires clear, positive, and conclusive evidence |
| Cruelty | Reasonable apprehension of bodily hurt | Can justify immediate separation; influences support and custody | May involve police reports, medical records, or witness testimony |
| Desertion | Willful abandonment for one year or more | Innocent spouse may be awarded support; affects property claims | Must prove intent to desert and lack of consent |
| Felony Conviction | Imprisonment for one year or more after marriage | Grounds for divorce; may influence custody and support | Requires certified copy of conviction and sentencing order |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Chesapeake Fault Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep, practical insight into how fault can influence a judge’s decisions on property and support in Chesapeake Circuit Court.
Case Experience in Chesapeake
Law Offices Of SRIS, P.C. has 6 total documented case results across all practice areas in Chesapeake, with a 100% favorable outcome rate. Our secondary attorney on complex family law strategy is Mr. Sris, the firm’s founder and a former prosecutor who personally amended Virginia’s equitable distribution statute.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Chesapeake Fault Divorce Lawyers
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Our Richmond location serves clients at the Chesapeake courts (307 Albemarle Drive), accessible via I-64, I-464, and Route 168. We are your local fault based divorce lawyer Chesapeake near the Chesapeake City Hall and Greenbrier area. We serve clients in Chesapeake, Deep Creek, Great Bridge, and Greenbrier. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Fault Based Divorce Lawyer Chesapeake FAQ
What are the fault grounds for divorce in Virginia?
Yes. Virginia fault grounds are adultery, cruelty causing fear of harm, willful desertion for one year, and felony conviction with imprisonment for over one year, as defined in Va. Code § 20-91. These must be proven with clear evidence in Chesapeake Circuit Court.
How does proving fault affect a divorce in Chesapeake?
It depends. Proving fault can influence a judge’s decisions on spousal support and the equitable division of marital property under Va. Code § 20-107.3. For example, adultery can bar a spouse from receiving support, and cruelty can affect custody determinations. The impact varies case by case.
Do I need a lawyer for a fault based divorce in Chesapeake?
Yes. A fault based divorce lawyer Chesapeake is crucial due to the high burden of proof and complex evidence rules. An attorney gathers necessary proof, navigates Chesapeake Circuit Court procedures, and argues how the fault should impact the final settlement or trial outcome.
What evidence is needed for a fault divorce?
Evidence varies by ground: for adultery, it may be communications, photos, or witness testimony; for cruelty, police reports, medical records, or witness accounts; for desertion, proof of abandonment and lack of consent. An at-fault divorce lawyer Chesapeake can identify and compile the required evidence.
Can I get a fault divorce if we have already separated?
Yes, but the fault must have occurred before the date of separation. You can file for a fault based divorce in Chesapeake even after separating, provided the misconduct (adultery, cruelty, etc.) happened prior to the separation. The separation itself does not erase prior fault grounds.
Related Legal Help in Chesapeake
If you are dealing with a family law issue in Chesapeake, you may also need information on: Virginia Family Law Lawyer, Henrico County Divorce Lawyer, or Chesapeake Criminal Defense Lawyer.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.