Fault Based Divorce Lawyer Colonial Heights — What Are Your Grounds?
A fault-based divorce in Colonial Heights requires proving specific grounds like adultery or cruelty under Va. Code § 20-91. This path can impact spousal support and property division. Law Offices Of SRIS, P.C. provides strategic representation for fault-based cases in Colonial Heights Circuit Court.
Last verified: April 2026 | Colonial Heights Circuit Court | Virginia General Assembly
Virginia Fault Divorce Law and Colonial Heights Procedure
Virginia law provides specific fault grounds for ending a marriage, distinct from a no-fault separation. The primary statute governing divorce grounds is Va. Code § 20-91. To file a fault-based divorce in Colonial Heights, you must initiate a complaint in the Colonial Heights Circuit Court, located at 550 Boulevard. The complaint must allege and be prepared to prove one of the statutory fault grounds. Successfully proving fault can influence the court’s decisions on alimony and the equitable distribution of marital assets under Va. Code § 20-107.3, a statute personally amended by our firm’s founder, Mr. Sris.
- Consult with a fault based divorce lawyer Colonial Heights to evaluate your grounds and evidence.
- File a Complaint for Divorce specifying the fault ground (e.g., adultery, cruelty) with the Colonial Heights Circuit Court clerk.
- Serve the complaint and a summons on your spouse according to Virginia procedural rules.
- Gather and present evidence to prove the alleged fault ground at a court hearing.
- Address related issues like property division, support, and custody in the final divorce decree.
Fault Grounds for Divorce in Virginia
In Colonial Heights, fault grounds for divorce include adultery, cruelty, desertion, and felony conviction, each with specific legal definitions and proof requirements under Virginia law.
| Fault Ground | Legal Definition (Va. Code § 20-91) | Key Proof Considerations | Potential Impact |
|---|---|---|---|
| Adultery | Voluntary sexual intercourse by either spouse with someone other than the other spouse. | Requires clear and convincing evidence; circumstantial evidence may be used. | Can bar the adulterous spouse from receiving spousal support. |
| Cruelty | Willful conduct that endangers life, limb, or health, or creates reasonable apprehension of bodily hurt. | Proof of a pattern of behavior or a single severe act; medical or police reports can be key. | May affect spousal support and custody determinations. |
| Willful Desertion | One spouse leaves the marital abode without consent and with intent to abandon the marriage for one year or more. | Must prove intent to desert and continuous separation for the statutory period. | Deserting spouse may be penalized in property division. |
| Felony Conviction | One spouse is convicted of a felony, sentenced to confinement for more than one year, and confined after the conviction. | Requires certified copy of the final conviction and proof of confinement. | Can be a clear ground if conviction documents are available. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Colonial Heights 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 unmatched—Mr. Sris personally played a role in amending the equitable distribution law, Va. Code § 20-107.3. This insider knowledge of the law’s intent and application is a critical advantage in fault-based cases where property division is contested. We have a documented record of favorable outcomes in Colonial Heights and across Virginia.
Case Results in Colonial Heights Courts
Our firm has secured favorable results for clients in Colonial Heights courts. For example, we have achieved dismissals in traffic matters before the Colonial Heights General District Court, demonstrating our effective advocacy in the local judicial system. Results may vary. Prior results do not guarantee a similar outcome. In family law, our strategic approach is case-specific to the specifics of each fault ground, aiming to protect our clients’ financial and parental interests throughout the divorce process.
Fault Based Divorce Lawyer Near Colonial Heights, VA
Our Richmond location serves clients in Colonial Heights and the surrounding communities. We are accessible via I-95, I-295, and Route 1. If you need a fault grounds for divorce lawyer Colonial Heights, our team is available for consultations.
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.
Fault Based Divorce in Colonial Heights: FAQs
What are the fault grounds for divorce in Virginia?
Yes. Virginia law recognizes four primary fault grounds: adultery, cruelty, willful desertion for one year or more, and felony conviction with imprisonment for over one year, as defined in Va. Code § 20-91.
How do I prove adultery in a Colonial Heights divorce?
It depends. Proof must be clear and convincing. Evidence can include direct testimony, admissions, circumstantial evidence like emails or texts, or evidence of opportunity and inclination. An at-fault divorce lawyer Colonial Heights can help gather and present this evidence effectively to the court.
Does proving fault guarantee I will get alimony?
No. While proving fault like adultery can bar the offending spouse from receiving alimony and may influence a judge’s decision to award it to the innocent spouse, it is not an automatic guarantee. The court considers all statutory factors under Va. Code § 20-107.1.
Can fault affect child custody in Virginia?
Yes. A court may consider evidence of fault, such as cruelty or adultery, if it relates to a parent’s fitness or the child’s best interests under Va. Code § 20-124.3. However, the primary focus remains the child’s welfare, not punishing a parent.
How long does a fault-based divorce take in Colonial Heights?
It varies. A contested fault divorce typically takes 9 to 18 months in Colonial Heights Circuit Court. The timeline depends on the complexity of proving the ground, discovery disputes, and the court’s docket. An uncontested fault divorce can be faster if the other spouse admits to the grounds.
For more information on divorce procedures, visit the Colonial Heights Circuit Court website.
Related Practice Areas: For other legal needs in Colonial Heights, consider our criminal defense lawyers or DUI defense attorneys.
Locations We Serve: Our fault based divorce lawyer Colonial Heights team also assists clients in nearby jurisdictions like Chesterfield County and Henrico County.
Learn More: For an overview of Virginia divorce law, see our Virginia family law hub page.
Page last verified and updated: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.