Adultery Divorce Lawyer New Kent County, VA
If you are considering a divorce in New Kent County and adultery is a factor, you need an attorney who understands Virginia’s fault-based divorce laws and the local court process. Adultery is one of several fault grounds for divorce under Virginia Code § 20-91(1). When a spouse has committed adultery, the innocent spouse may file for divorce immediately—no separation period is required. Law Offices Of SRIS, P.C. represents clients in adultery divorce matters throughout New Kent County and Central Virginia, including Providence Forge, Quinton, and the I‑64 corridor communities. Mr. Sris, Owner and Founder of the firm, has practiced family law since 1997 and appears regularly in the New Kent County General District Court and the New Kent County Circuit Court. To request a consultation about your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Adultery Divorce Means in New Kent County, Virginia
In Virginia, adultery is both a ground for divorce and a factor that can significantly affect property division and spousal support. Under Va. Code § 20-91(1), a divorce may be granted on the ground of adultery, sodomy, or buggery committed outside the marriage. Unlike no-fault divorce—which requires either a one-year separation or a six-month separation with a signed property settlement agreement and no minor children—adultery carries no mandatory waiting period. This means a spouse who can prove the other’s adultery may obtain a divorce more quickly than through the no-fault process.
New Kent County couples file for divorce in the New Kent County Circuit Court, located at 12001 Courthouse Circle, New Kent, VA 23124. The Circuit Court has exclusive jurisdiction over divorce and equitable distribution. Matters of custody, visitation, and child support may be heard in the New Kent County Juvenile and Domestic Relations District Court. The county sits in Virginia’s Ninth Judicial District, with the Hon. Wade A. Bowie as the current chief judge. The filing fee for a divorce complaint in the Circuit Court should be confirmed with the clerk’s office; sheriff’s service of process or private process-server fees may also apply. Because adultery cases are fault-based and often contested, the timeline for resolution depends on the complexity of the parties’ assets, child-related issues, and the willingness to negotiate. Many cases ultimately settle before trial, but Mr. Sris and his Of Counsel prepare every case for litigation.
How Mr. Sris and His Of Counsel Handle Adultery Divorce Cases
Mr. Sris and his Of Counsel take a thorough, detail-oriented approach to adultery divorce representation. They begin by analyzing the evidence of the alleged adultery, the parties’ financial circumstances, and any parenting concerns. In Virginia, adultery can serve as a bar to spousal support for the unfaithful spouse under Va. Code § 20-107.1, and it is one of the statutory factors the court considers when dividing marital property under Va. Code § 20-107.3. As a result, verifying or challenging allegations of adultery can have substantial financial consequences.
Because adultery must be proven by clear and convincing evidence—a higher standard than the preponderance of the evidence used in most civil cases—the firm works closely with private investigators, forensic accountants, and other professionals when necessary. The team also focuses on negotiating property settlement agreements that address equitable distribution, support, and custody arrangements. If settlement is not possible, Mr. Sris and his Of Counsel are prepared to take the matter to trial in New Kent County Circuit Court. Throughout the process, clients are kept informed of their options and the likely path ahead. The firm does not guarantee any particular result; every case turns on its own facts. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. He is a former prosecutor whose experience in criminal courtroom procedure informs his family-law litigation practice. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), legislation that revised Virginia’s equitable-distribution statute. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results in family law matters. Results may vary.
Frequently Asked Questions
How long does an adultery divorce take in New Kent County, Virginia?
A Virginia adultery divorce can be finalized relatively quickly once the ground is proved, because no separation period is required. After filing the complaint in New Kent County Circuit Court and serving the other spouse, the timelineshinge on whether the case is contested. An uncontested divorce where the parties reach a complete agreement can be granted in a few months. Contested adultery divorces—especially those involving complex property division or custody disputes—may take nine months to more than a year. The court’s calendar and the pace of discovery also affect the timeline.
How does a Virginia lawyer defend against adultery allegations in a divorce?
Defending against adultery allegations typically involves examining the sufficiency and credibility of the evidence, challenging procedural compliance, and introducing mitigating facts. Virginia law requires clear and convincing proof of adultery. An experienced attorney will scrutinize the source of the allegations, any potential biases, and whether the evidence meets the legal standard. The defense may also show that the accusing spouse condoned or forgave the conduct, which can bar the ground. Each defense strategy is tailored to the specific circumstances of the case.
What effect does adultery have on property division in Virginia?
Adultery is one of 11 equitable-distribution factors the court may consider, but it does not automatically result in an unequal split of marital assets. Under Va. Code § 20-107.3, the court weighs the circumstances contributing to the dissolution of the marriage, including any adultery. If the adultery dissipated marital resources (for example, money spent on the affair), the court may adjust the distribution to compensate the innocent spouse. However, Virginia is an equitable-distribution state, not a community-property state, so the division is based on fairness rather than a fixed formula.
Can I get spousal support if my spouse committed adultery in New Kent County?
A spouse who commits adultery is generally barred from receiving spousal support, but the innocent spouse may seek support based on need and ability to pay. Under Virginia law, adultery constitutes a permanent bar to support for the unfaithful spouse, unless the court finds a manifest injustice would result. The court will consider the 13 statutory factors listed in Va. Code § 20-107.1, including the length of the marriage, the standard of living during the marriage, and the financial resources of each party. The firm can advise you on the likely support outcome in your specific situation.
Do I need a lawyer for an adultery divorce in New Kent County?
You are not legally required to hire a lawyer, but an adultery divorce involves complex evidentiary standards and significant financial consequences that make experienced legal guidance advisable. Proving adultery requires meeting the clear-and-convincing standard, navigating discovery requests, and presenting admissible evidence. Mistakes in handling these aspects can jeopardize your case. Mr. Sris and his Of Counsel have practiced family law in Virginia for many years and can help you assess your options. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Additional family-law resources in nearby localities:
Fairfax County Family Law ·
Fairfax City Family Law ·
Falls Church Family Law ·
Prince William County Family Law ·
Manassas Family Law
Primary Virginia law sources:
Virginia Code § 20-91 (divorce grounds) ·
New Kent County Circuit Court ·
Virginia’s Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.