Fault Based Divorce Lawyer Lexington — What Are Your Grounds?
A fault based divorce in Lexington, Virginia, requires proving specific grounds like adultery, cruelty, or desertion under Va. Code § 20-91. This fault grounds for divorce lawyer Lexington approach can impact spousal support and property division. Law Offices Of SRIS, P.C. has 14 documented case results in Lexington. Our fault based divorce lawyer Lexington team provides strategic representation for contested fault cases.
Virginia Fault Divorce Statute and Grounds
Last verified: April 2026 | Lexington Circuit Court | Virginia General Assembly
Virginia law provides specific fault grounds for ending a marriage, distinct from a no-fault separation. The primary statute is Va. Code § 20-91, which lists the legally recognized reasons for a fault-based divorce. To file on fault grounds, you must present sufficient evidence to the Lexington Circuit Court to prove one of these grounds occurred. Mr. Sris, our firm’s founder, brings extensive experience, having personally contributed to amendments in Virginia’s family law code, including the equitable distribution statute.
Official Legal Resources
For the full text of the law, refer to Va. Code § 20-91 (official Virginia General Assembly). All fault-based divorce cases in Lexington are filed at the Lexington Circuit Court located at 2 South Main Street.
Local Court Process for a Fault Divorce Case
Filing a fault divorce in Lexington involves a more complex procedure than an uncontested case. The process requires formal evidence presentation and often involves discovery and hearings. In Lexington Circuit Court, judges scrutinize fault allegations closely, requiring clear and convincing proof.
- Consultation & Case Evaluation: Discuss your situation and evidence with an attorney to assess the viability of a fault claim.
- Filing the Complaint: Your lawyer files a Complaint for Divorce with the Lexington Circuit Court clerk, specifying the fault ground and requesting relief.
- Service of Process & Response: The other spouse is formally served with the complaint and has 21 days to file an Answer, potentially contesting the allegations.
- Discovery Phase: Both sides exchange evidence through interrogatories, requests for documents, and depositions to build their cases.
- Pre-Trial Motions & Hearings: Motions may be filed on evidence or procedural issues. The court may hold a pendente lite hearing for temporary support or custody.
- Trial: If no settlement is reached, a judge hears testimony, examines evidence, and makes rulings on the fault ground, divorce, and related issues like support and property.
Potential Outcomes and Considerations
In Lexington, proving fault in a divorce can influence a judge’s decisions on alimony and the equitable division of marital assets, though it does not guarantee a specific financial outcome.
| 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; may affect property division. |
| Cruelty | Reasonable apprehension of bodily hurt or willful conduct that endangers life, health, or well-being. | Grounds for immediate divorce; can influence custody and support awards. |
| Willful Desertion | Abandonment of the marital home without consent or justification for one year or more. | Proving desertion establishes fault; timing of the one-year period is critical. |
| Felony Conviction | Conviction of a felony, sentence to confinement for more than one year, and cohabitation not resumed after release. | Provides clear grounds; often interacts with criminal case timelines. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Lexington Fault Divorce
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 tagline, “Advocacy Without Borders,” reflects our commitment. Mr. Sris’s unique background includes personally amending Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving us deep insight into how fault arguments can sway a judge’s discretion in dividing assets and awarding support.
Documented Case Results in Lexington
Our firm has a record of 14 total documented case results across all practice areas in Lexington, with a 100% favorable outcome rate. For example, our team has successfully navigated complex traffic matters in Lexington courts, achieving dismissals and reductions, which demonstrates our familiarity with local judicial procedures. Results may vary. Prior results do not guarantee a similar outcome.
Secondary counsel on complex family matters is often provided by Mr. Sris, the firm’s founder and a former prosecutor with a multi-state practice who personally amended Virginia’s equitable distribution law.
Contact Our Lexington 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.
Our Richmond location serves clients with cases at the Lexington courts. We provide 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only. We are your local fault based divorce lawyer Lexington resource, also serving surrounding communities like Lexington.
Fault Divorce in Lexington: Frequently Asked Questions
What are the fault grounds for divorce in Virginia?
Yes. Virginia’s fault grounds are adultery, cruelty, willful desertion for one year, and felony conviction with imprisonment. An at-fault divorce lawyer Lexington can advise if your situation meets the legal definition.
Does proving fault guarantee I will get more property or alimony?
It depends. While proving fault like adultery can influence a judge’s decisions on spousal support (potentially barring it for the at-fault spouse) and the equitable division of assets under Va. Code § 20-107.3, it does not guarantee a specific financial outcome. The court considers all statutory factors.
How long does a fault-based divorce take in Lexington?
A contested fault divorce typically takes 9 to 18 months from filing to trial in Lexington Circuit Court. Complex cases with business valuations or disputes over evidence can extend to 12-24 months. This is longer than an uncontested, no-fault divorce.
What evidence is needed to prove adultery in court?
Corroborating evidence is required. This can include text messages, emails, photographs, hotel receipts, credit card statements, or testimony from a private investigator or other witnesses. Circumstantial evidence can be sufficient if it leads to a clear conclusion.
Can I file for divorce on both fault and no-fault grounds?
Yes. A complaint can allege both fault grounds and a period of separation. This strategy can be useful if there is a dispute over the fault evidence; the no-fault separation period may still provide a path to divorce if the fault claim is not fully proven.
Internal Resources: For more information, see our Virginia Family Law Lawyer hub page. We also assist with related matters like Criminal Defense in Lexington and DUI/DWI Defense in Lexington. Learn more about our Richmond office location.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your fault-based divorce case in Lexington.