Fault Based Divorce Lawyer Virginia Beach — What Are Your Grounds?
A fault based divorce lawyer Virginia Beach can help you prove grounds like adultery, cruelty, or desertion under Va. Code § 20-91, which may impact spousal support and property division. Law Offices Of SRIS, P.C. has 8 documented case results in Virginia Beach. Our fault based divorce lawyer Virginia Beach team provides 24/7 consultations.
Virginia Fault Divorce Laws & Grounds
Virginia law provides specific fault grounds for ending a marriage, distinct from a no-fault separation. Proving fault can affect the court’s decisions on alimony, equitable distribution of assets, and even attorney’s fees. The primary statute governing divorce, including fault grounds, is Va. Code § 20-91. A fault based divorce lawyer Virginia Beach is essential to handle the evidence required for these claims in Virginia Beach Circuit Court.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 20-91 (Official Virginia Law on Divorce Grounds)
- Virginia Beach Circuit Court Official Website
Proving Fault Grounds in Virginia Beach Court
Successfully arguing fault grounds requires clear and convincing evidence, a higher standard than a mere preponderance. In Virginia Beach Circuit Court, this process is meticulous. For instance, an adultery claim needs more than suspicion; it requires corroborating evidence. Similarly, cruelty must be proven as acts that endanger life, limb, or health, or create a reasonable apprehension of bodily hurt. An experienced at-fault divorce lawyer Virginia Beach knows how to gather and present this evidence effectively, from financial records and communications to witness testimony.
- Consult a Virginia Beach Fault Divorce Attorney: Discuss your situation confidentially to determine if you have valid fault grounds and the evidence needed.
- Gather and Document Evidence: Your lawyer will help secure relevant proof, such as communications, financial records, photographs, or witness statements.
- File a Complaint for Divorce: Your attorney will draft and file the formal complaint with the Virginia Beach Circuit Court, citing the specific fault grounds.
- handle Discovery and Hearings: The legal process involves exchanging evidence (discovery) and potentially arguing motions, such as for pendente lite (temporary) support.
- Prepare for Trial or Negotiate Settlement: Your lawyer will either prepare to prove your case at trial or use the fault grounds to negotiate a favorable settlement agreement.
Potential Impacts of a Fault-Based Divorce
In Virginia Beach, proving fault in a divorce can significantly affect spousal support, property division considerations, and the allocation of attorney’s fees.
| Fault Ground | Legal Definition (Va. Code § 20-91) | Potential Impact on Divorce |
|---|---|---|
| Adultery | Voluntary sexual intercourse by either spouse with someone other than the other spouse. | Can bar the adulterous spouse from receiving spousal support; considered in equitable distribution. |
| Cruelty | Reasonable apprehension of bodily hurt, or willful conduct that endangers life, limb, or health. | Grounds for immediate divorce; affects spousal support and can influence custody. |
| Willful Desertion | Abandonment of the marital home without cause or consent for one year or more. | The deserted spouse may be entitled to a larger share of marital assets or spousal support. |
| Felony Conviction | Conviction of a felony, sentence to confinement for more than one year, and cohabitation not resumed after release. | Simplifies grounds for the innocent spouse; considered in financial settlements. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Beach Fault Divorce Attorneys
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 deep understanding of Virginia’s fault divorce statutes is anchored by a unique credential: Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. This firsthand legislative experience provides our fault grounds for divorce lawyer Virginia Beach team with an unmatched perspective on how these laws are applied in Virginia Beach courtrooms. We have a documented record of favorable outcomes for clients facing difficult marital dissolutions.
Case Results & Client Advocacy
Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. In Virginia Beach, we have 8 documented case results across all practice areas. For fault-based divorces, our approach involves meticulous evidence review and strategic litigation. Mr. Sris, our firm founder and a key resource for complex cases, provides strategic oversight. His background as a former prosecutor and his role in amending Virginia’s equitable distribution law informs our aggressive and knowledgeable representation.
Results may vary. Prior results do not guarantee a similar outcome.
Fault Divorce Lawyer Near Virginia Beach, VA
Our Richmond location serves clients with Virginia Beach fault divorce cases. We are accessible from Virginia Beach via I-64 and I-264. We serve Virginia Beach, Sandbridge, and Oceana.
Available 24/7 | By Appointment Only
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
Virginia Beach Fault Divorce FAQs
What are the fault grounds for divorce in Virginia?
Yes. Virginia fault grounds are adultery, cruelty (reasonable apprehension of bodily hurt), willful desertion for one year, and felony conviction with imprisonment. These are defined under Va. Code § 20-91 and require proof in Virginia Beach Circuit Court.
How does proving adultery affect a divorce in Virginia Beach?
It depends. If proven, adultery can bar the offending spouse from receiving spousal support under Virginia law. It is also a factor the court may consider when dividing marital property (equitable distribution). An at-fault divorce lawyer Virginia Beach can advise on the strength of your evidence.
Is it harder to get a fault-based divorce than a no-fault divorce?
Yes. A fault divorce requires proving specific misconduct with clear and convincing evidence, which involves more time, preparation, and potentially a trial. A no-fault divorce based on separation requires only proof of the separation period.
Can I get a fault-based divorce immediately?
Yes, for some grounds. Unlike a no-fault divorce which requires a 6-month or 1-year separation, fault grounds like adultery or cruelty have no mandatory waiting period. You can file immediately if you have the requisite evidence.
Do I need a lawyer for a fault-based divorce in Virginia Beach?
Yes. Given the high evidence standard and complex procedural rules in Virginia Beach Circuit Court, having a skilled fault based divorce lawyer Virginia Beach is critical to properly present your case and protect your financial and parental rights.
Related Legal Resources
- Virginia Family Law Lawyer Hub
- Fault Divorce Lawyer in Henrico County
- Virginia Beach Criminal Defense Lawyer
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your fault-based divorce case in Virginia Beach, contact Law Offices Of SRIS, P.C. at (888) 437-7747.