
Fault Based Divorce Lawyer New Kent County — Protecting Your Rights
If you are considering a fault-based divorce in New Kent County, you need a strategic legal advocate. A Fault Based Divorce Lawyer New Kent County from Law Offices Of SRIS, P.C. can help you build a strong case using grounds like adultery, cruelty, or desertion under Virginia law.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Understanding Fault-Based Divorce in Virginia
Virginia law provides specific fault grounds for ending a marriage, distinct from a no-fault separation. To file a fault-based divorce, you must prove one of the statutory grounds outlined in the Virginia Code. This process is handled in the New Kent County Circuit Court. An at-fault divorce lawyer New Kent County can guide you through the evidence requirements and procedural steps, which differ significantly from an uncontested, no-fault divorce.
Official Legal Resources
For the full text of Virginia’s divorce statutes, refer to the Virginia Code Title 20, Chapter 6 (official Virginia General Assembly site). Court-specific information and forms can be found on the Virginia Circuit Court website.
- Consult with a Fault Based Divorce Lawyer New Kent County: Discuss your grounds and the evidence you have.
- File a Complaint for Divorce: Your lawyer will file the formal complaint citing the specific fault ground (e.g., adultery under Va. Code § 20-91) in New Kent Circuit Court.
- Serve the Complaint: The other spouse must be formally served with the divorce papers.
- Gather and Present Evidence: This phase involves discovery, depositions, and compiling documentation to prove the fault ground.
- Attend Hearings and Trial: Argue your case before a judge; fault can impact decisions on alimony and property division.
- Obtain the Final Decree: If the fault ground is proven, the court will issue a final divorce decree.
Why Choose Our Firm for Your Fault-Based Divorce
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. Mr. Sris personally played a role in amending Virginia’s key equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the evolution of state family law. This foundational experience informs our approach to complex, fault-based divorce litigation in New Kent County.
Primary Attorney for Your Case
Samantha Rae Powers, Of Counsel
Bar Admissions: Virginia; Florida
Samantha Powers brings over 18 years of legal experience to family law matters in Virginia. Holding a J.D./M.A. from the University of Florida and a Ph.D. in Communication, her background is particularly valuable for the nuanced negotiation and presentation required in fault-based divorce cases. She provides strategic counsel for clients in New Kent County.
Case Results and Client Advocacy
While every case is unique, our firm has a documented record of favorable outcomes in family law. In New Kent County, we have 11 total documented case results across all practice areas with a 100% favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our approach is to develop a case-specific strategy aimed at protecting your interests, whether through settlement or litigation.
Contact Our New Kent County Fault Divorce Lawyers
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
Phones 24/7/365; Office by appointment. By appointment only.
Serving: New Kent, Providence Forge, Quinton and surrounding communities.
Our Richmond location serves clients at the New Kent County courts. As your fault grounds for divorce lawyer New Kent County, we offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
Fault Based Divorce Lawyer New Kent County FAQ
What are the fault grounds for divorce in Virginia?
Yes. Virginia law recognizes several fault grounds: adultery, cruelty and reasonable apprehension of bodily hurt, willful desertion or abandonment for one year, and felony conviction with imprisonment for more than one year.
Does proving fault affect alimony or property division?
It depends. Under Va. Code § 20-107.1, a court may consider marital misconduct, including fault grounds for divorce, when determining spousal support. For property division under equitable distribution, fault is generally not a direct factor unless it caused the dissipation of marital assets.
How long does a fault-based divorce take in New Kent County?
A contested fault-based divorce typically takes 9 to 18 months, but complex cases with extensive discovery and valuation can take 12-24 months. The timeline depends on the court’s docket and the complexity of proving the fault ground.
What evidence is needed to prove adultery in a divorce?
Evidence must be clear and convincing. This can include photographs, communications, witness testimony, admission by the other party, or circumstantial evidence that leads to a strong inference of adultery. An at-fault divorce lawyer New Kent County can advise on what evidence is admissible and effective.
Can I get a divorce based on cruelty without physical abuse?
Yes. Virginia cruelty grounds include both physical violence and reasonable apprehension of bodily harm, as well as mental cruelty that endangers health or makes cohabitation unsafe. Documentation, witness accounts, and experienced testimony may be used to support this claim.
For more information on related legal services, see our Virginia Family Law hub page. We also assist clients in nearby areas like Henrico County and with other matters such as criminal defense in New Kent County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.