Fault Based Divorce Lawyer Henrico County — What Are Your Grounds?
A fault based divorce lawyer Henrico County 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 21 documented case results in Henrico County. Our fault based divorce lawyer Henrico County provides strategic representation for contested cases. Contact us for a 24/7 consultation.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
Virginia Fault Divorce Laws and Grounds
Virginia law provides specific fault grounds for ending a marriage, which are distinct from a no-fault separation. To file a fault-based divorce, you must prove one of the statutory grounds to the Henrico County Circuit Court. The primary statute governing divorce grounds is Va. Code § 20-91. A fault based divorce lawyer Henrico County is essential for handling the evidence and procedural requirements needed to establish these grounds successfully.
The fault grounds recognized in Virginia include:
- Adultery: Voluntary sexual intercourse by your spouse with someone other than you. This ground has no mandatory waiting period.
- Cruelty: Reasonable apprehension of bodily hurt or willful conduct that endangers your life, health, or well-being.
- Willful Desertion: Your spouse has abandoned you for one year or more with the intent to end the marital relationship.
- Felony Conviction: Your spouse has been convicted of a felony, sentenced to confinement for more than one year, and has been confined after the conviction.
Proving fault can influence the court’s decisions on alimony (spousal support) and the equitable distribution of marital property under Va. Code § 20-107.3. Mr. Sris, our firm’s founder, personally played a role in amending this critical equitable distribution statute.
Why Hire a Fault Based Divorce Lawyer in Henrico County?
Choosing a fault based divorce lawyer Henrico County is crucial because fault divorces are inherently contested and require formal proof. The process involves filing a complaint, serving your spouse, and potentially going to trial to present evidence. The Henrico County Circuit Court, located at 4301 East Parham Road, requires strict adherence to procedural rules and evidentiary standards. An experienced at-fault divorce lawyer Henrico County understands how to gather necessary evidence, such as documentation, witness testimony, or experienced opinions, to meet the legal burden of proof.
An at-fault divorce lawyer Henrico County from our firm can assess the strengths of your case, advise on strategy, and handle all court filings and hearings. We guide clients through each step:
- Case Evaluation: We review your situation to determine if you have valid fault grounds and a viable case.
- Evidence Gathering: We help collect and organize the necessary evidence to support your claim.
- Filing the Complaint: We prepare and file the fault-based divorce complaint with the Henrico County Circuit Court.
- Discovery & Negotiation: We manage the exchange of information and explore settlement options.
- Trial Preparation: If settlement fails, we prepare a strong case for trial to prove the fault grounds.
- Post-Trial Matters: We assist with finalizing the divorce decree and any related orders.
Potential Outcomes and Considerations in a Fault Divorce
In Henrico County, a fault-based divorce can affect spousal support, property division, and even the timeline of your case, as some grounds like adultery have no waiting period.
While Virginia is an equitable distribution state, proving fault can be a factor the court considers when dividing marital assets and debts. It can also significantly impact a request for spousal support. The spouse at fault may be barred from receiving support or may be required to pay a higher amount. However, outcomes are highly case-specific.
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Henrico County Family Law
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. In family law, our deep understanding of Virginia statutes is unmatched—Mr. Sris personally contributed to the amendment of Va. Code § 20-107.3, the state’s equitable distribution law. This insider legislative knowledge directly benefits our clients in complex divorce cases involving fault grounds.
We have a documented record of results for clients in Henrico County. For instance, our team has successfully handled cases involving complex marital estates and contested fault allegations. Mr. Sris, our managing attorney with a multi-state practice, provides strategic oversight on challenging family law matters.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients throughout Henrico County, including Glen Allen, Short Pump, Innsbrook, Tuckahoe, and Highland Springs. We are accessible via I-64, I-95, and I-295. As your local fault grounds for divorce lawyer Henrico County, we provide accessible representation for Henrico County Circuit Court matters.
Fault Based Divorce in Henrico County: Frequently Asked Questions
What is the difference between a fault and no-fault divorce in Virginia?
Yes. A no-fault divorce is based on living separate and apart for a required period (6 months or 1 year). A fault divorce alleges specific wrongful conduct by one spouse, such as adultery or cruelty, as the reason for the marriage breakdown. Proving fault can affect financial outcomes.
How do I prove adultery in a Henrico County divorce?
It depends. Direct evidence is rare. Courts often rely on circumstantial evidence that leads to a conclusion of adultery, such as texts, emails, witness accounts of opportunity and inclination, or admission. An experienced fault based divorce lawyer Henrico County can help you gather and present compelling evidence.
Can fault affect who gets the house or retirement accounts?
It can. Virginia courts divide marital property equitably (fairly), not necessarily equally. While fault is not one of the primary statutory factors under Va. Code § 20-107.3, the conduct skilled to the fault ground (e.g., wasting marital assets on an affair) can be considered by the judge when making a distribution award.
Will proving cruelty or adultery guarantee me spousal support?
Not a guarantee, but it strongly supports a claim. Fault is a specific factor judges must consider when awarding spousal support under Va. Code § 20-107.1. Proving adultery or cruelty can justify an award, increase the amount, or bar the at-fault spouse from receiving support.
How long does a fault-based divorce take in Henrico County?
It varies. An uncontested fault divorce can take several months. A fully contested fault divorce that goes to trial can take 9 to 18 months or longer, depending on court schedules, the complexity of the issues, and the amount of discovery needed.
Contact a Fault Based Divorce Lawyer in Henrico County Today
If you believe you have grounds for a fault-based divorce, timely action is important. Contact the Law Offices Of SRIS, P.C. to schedule a consultation with a dedicated fault based divorce lawyer Henrico County. We will review the specifics of your case, explain your options, and develop a strategy case-specific to your goals. Call us 24/7 at (888) 437-7747 or our local Richmond line at (804)201-9009. Meetings are held by appointment at our Richmond location.
Related Pages: For other legal needs in Henrico County, visit our Henrico County criminal defense lawyer or Henrico County DUI lawyer pages. For a broader view of our family law services, see our Virginia family law hub.