Fault Based Divorce Lawyer Prince William County — What Are Your Grounds?
A fault based divorce in Prince William County requires proving specific grounds like adultery or cruelty under Va. Code § 20-91. This fault based divorce lawyer Prince William County from Law Offices Of SRIS, P.C. has 297 documented case results in the county. Fault grounds can affect spousal support and property division. Our firm, founded in 1997, provides full representation for these complex cases.
Last verified: April 2026 | Prince William County General District Court | Virginia General Assembly
Virginia law allows for divorce on both no-fault and fault grounds. A fault-based divorce requires you to prove one of the specific grounds listed in the state statute. This is different from a no-fault divorce, which is based on separation alone. Proving fault can influence the court’s decisions on alimony, equitable distribution of property, and even attorney’s fees. The process is handled in the Prince William County Circuit Court located at 9311 Lee Avenue, Suite 230, in Manassas.
The primary statute governing divorce grounds is Va. Code § 20-91 (official Virginia General Assembly). For court procedures and filing, refer to the Prince William County Circuit Court website.
Fault Grounds for Divorce in Virginia
To file for a fault-based divorce, you must allege and prove one of the following grounds as defined by law:
- Adultery: Voluntary sexual intercourse between your spouse and someone else. This ground has no mandatory waiting period.
- Cruelty: Conduct that causes reasonable apprehension of bodily harm or endangers your life or health.
- 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.
- Consult with a fault based divorce lawyer Prince William County to evaluate your evidence and case strategy.
- Your attorney will file a Complaint for Divorce in Prince William County Circuit Court, specifically alleging the fault ground.
- The complaint must be formally served on your spouse by a sheriff or process server.
- Your spouse has 21 days to file an Answer, which may deny the fault allegations.
- The discovery process begins, where both sides gather evidence (texts, emails, witness statements, financial records) to support or defend against the fault claim.
- If the case does not settle, a trial will be scheduled where you must present evidence to prove the alleged fault ground to the judge.
Potential Case Outcomes and Considerations
In Prince William County, a successful fault-based divorce can affect spousal support awards and the division of marital assets, but does not guarantee a specific financial result.
Proving fault can influence several aspects of your divorce:
- Spousal Support: A spouse found at fault for adultery, cruelty, or desertion may be barred from receiving spousal support or may be ordered to pay it.
- Equitable Distribution: While Virginia divides property equitably (fairly), not equally, fault can be a factor the court considers under Va. Code § 20-107.3, especially if the misconduct caused economic waste of marital assets.
- Attorney’s Fees: The court may order the at-fault spouse to contribute to the other spouse’s legal costs.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Fault-Based Divorce
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris, who personally amended Virginia’s key equitable distribution statute, Va. Code § 20-107.3. This deep legislative experience informs our strategic approach to fault-based cases where property division is contested. Our firm has over 120 years of combined attorney experience and a record of 4,739+ case results firm-wide.
Our team includes Mr. Sris, whose background as a former prosecutor and direct experience amending Virginia family law provides a unique advantage in building persuasive arguments for the court.
Local Representation for Prince William County Residents
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients at the Prince William County courts (9311 Lee Avenue). We represent individuals in Manassas, Woodbridge, Dale City, Dumfries, Gainesville, Haymarket, Lake Ridge, and Occoquan. As your at-fault divorce lawyer Prince William County, we offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only.
Fault Based Divorce Lawyer Prince William County FAQ
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 statutory period (6 months or 1 year). A fault-based divorce requires proving a specific ground like adultery or cruelty, which can impact financial rulings.
How do I prove adultery in a Virginia divorce?
It depends. Direct evidence is rare. Courts often rely on circumstantial evidence, such as text messages, emails, hotel receipts, photographs, or witness testimony that creates a credible inference of the act. The evidence must be clear and convincing.
Can I get a fault-based divorce if my spouse is abusive?
Yes. Cruelty is a fault ground. You must show your spouse’s conduct caused you reasonable fear of bodily harm or endangered your health. Documentation like police reports, medical records, or witness statements is crucial.
Will proving fault guarantee I get more property or alimony?
No. Proving fault does not guarantee a specific financial outcome. It is one factor a judge may consider under Virginia’s equitable distribution and spousal support laws. The primary focus remains on achieving a fair, not necessarily equal, result based on all statutory factors.
How long does a contested fault-based divorce take in Prince William County?
A contested divorce, especially one involving fault allegations, typically takes 9 to 18 months from filing to trial. Complex cases with extensive discovery or business valuations can take 12 to 24 months.
For more information, see our Virginia Family Law Lawyer hub page. We also assist clients in Fairfax County and with Criminal Defense in Prince William County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.