Adultery Divorce Lawyer Lexington — What Are Your Legal Options?
Adultery is a fault-based ground for divorce in Virginia under Va. Code § 20-91, requiring clear proof and carrying significant legal consequences. An experienced adultery divorce lawyer Lexington from Law Offices Of SRIS, P.C. can protect your rights in this sensitive matter. Our firm has 14 documented case results in Lexington across all practice areas. We provide full representation for infidelity divorce cases.
Last verified: April 2026 | Lexington Circuit Court | Virginia General Assembly
Virginia Law on Adultery as a Divorce Ground
In Virginia, adultery is a fault ground for divorce under Va. Code § 20-91(1). Unlike a no-fault divorce based on separation, proving adultery allows for an immediate filing without a waiting period. The statute defines adultery as voluntary sexual intercourse between a married person and someone other than their spouse. The burden of proof is on the party alleging adultery, and the standard is “clear and convincing evidence.” This can include direct evidence like photographs or admissions, or strong circumstantial evidence. Successfully proving adultery can impact the court’s decisions on spousal support, equitable distribution of property, and child custody under the “best interests of the child” standard.
For official statute details, see Va. Code § 20-91 (official Virginia General Assembly). For local court procedures, visit the Lexington General District Court website.
- Consult with an attorney to evaluate the evidence and discuss filing strategy.
- File a Complaint for Divorce citing adultery as the ground with the Lexington Circuit Court.
- Serve the complaint on your spouse through a sheriff or process server.
- Gather and present clear, convincing evidence of the adultery to the court.
- Attend any required hearings on the grounds and related issues like support or custody.
- Obtain the final divorce decree from the judge if adultery is proven.
Potential Consequences in an Adultery Divorce
In Lexington, proving adultery in a divorce can significantly influence spousal support awards and property division, as the court may consider marital misconduct.
| Legal Issue | Potential Impact of Proven Adultery |
|---|---|
| Spousal Support | The adulterous spouse may be barred from receiving support or have an award reduced (Va. Code § 20-107.1). |
| Equitable Distribution | Marital misconduct, including adultery, is a factor the court may consider when dividing property (Va. Code § 20-107.3). |
| Child Custody | Indirect impact if the adultery affected the child’s environment or the parent’s fitness (Va. Code § 20-124.3). |
| Divorce Timeline | No mandatory separation period required, unlike a no-fault divorce. |
| Legal Costs | Potentially higher due to the need for evidence gathering and contested hearings. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Family Law in Lexington
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney 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, demonstrating deep involvement in the state’s family law framework. We understand the sensitive nature of infidelity divorce cases and provide strategic, discreet counsel aimed at protecting your financial and parental rights.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results in Lexington
Our firm has achieved 14 total documented case results in Lexington across all practice areas, maintaining a 100% favorable outcome rate. These results demonstrate our capability to handle sensitive legal matters effectively in the local jurisdiction. Mr. Sris, our managing attorney and a former prosecutor, provides strategic oversight on complex cases, leveraging his experience and his unique role in amending Virginia’s equitable distribution law.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Lexington Adultery Divorce Lawyer
Our Richmond location serves clients with cases at the Lexington courts on 2 South Main Street. We are accessible via I-81 and I-64. If you need an infidelity divorce grounds lawyer Lexington, contact us for a confidential consultation.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
How long does a divorce take in Lexington, Virginia?
It depends. An uncontested divorce with a signed separation agreement may take 2-4 months. A contested divorce, especially one involving fault grounds like adultery, typically takes 9-18 months or longer if complex property division is involved.
How much does a divorce cost in Lexington, Virginia?
Costs vary. The Circuit Court filing fee is approximately $86. Additional costs include service of process ($12-$100), potential Guardian ad Litem fees for custody ($500-$2,500+), and attorney fees. A contested adultery divorce will generally cost more due to evidence gathering and hearings.
Is Virginia a community property state?
No. Virginia is an equitable distribution state. Marital property is divided fairly based on 11 factors in Va. Code § 20-107.3, which may include consideration of marital misconduct like adultery.
What are the grounds for divorce in Virginia?
Grounds include no-fault separation (6 months or 1 year) and fault grounds like adultery, cruelty, desertion for one year, or felony conviction. Adultery has no mandatory waiting period, but requires clear proof.
Do I need a lawyer for an adultery divorce in Lexington?
Yes. Proving adultery requires meeting a high legal standard of evidence. A skilled cheating spouse divorce lawyer Lexington can help gather necessary proof, handle court procedures, and advocate for your interests regarding support and property.
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in Lexington.