Adultery Divorce Lawyer Virginia, VA
You discovered your spouse was unfaithful. Now you’re facing a divorce where the affair could change everything—how property gets divided, whether spousal support is even available, and whether you must wait months before the court will act. The situation is painful, but you have options. In Virginia, adultery is one of the ground‑for‑divorce statutes, and unlike the no‑fault separation route, there is no waiting period. Law Offices Of SRIS, P.C. represents clients across Virginia who are pursuing a fault‑based divorce on the ground of adultery. Over 120 years of combined legal experience and 4,739+ documented firm-wide results between Mr. Sris and his Of Counsel guides our approach to these deeply personal cases. Results may vary. To discuss your situation in confidence, call (888) 437‑7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How Fault‑Based Divorce Works in Virginia — The Adultery Ground
Virginia is an equitable‑distribution state. That means the court divides marital property fairly, but not necessarily equally, after considering statutory factors. Adultery can pierce the normal divorce timeline. Under Va. Code § 20‑91(1), adultery is a fault ground that permits an immediate filing—no six‑month or one‑year separation is required. The practical effect is significant: a spouse who learns of infidelity does not need to live apart for months before starting the divorce. However, proving adultery requires more than suspicion. The court must be satisfied by clear, positive, and convincing evidence. Corroboration is typically required; a party’s uncorroborated testimony is often insufficient. A private investigator, electronic evidence, and witness testimony become important tools. Mr. Sris and his Of Counsel understand the evidentiary hurdles and can help clients evaluate whether the fault‑ground path is viable in their specific circumstances.
What Adultery Means for Property and Spousal Support
A court hearing an adultery‑based divorce considers the misconduct when making certain financial awards. Under Va. Code § 20‑107.3(E), if the adultery negatively affected the marital estate—for example, if marital funds were diverted to support the extramarital relationship—the court may grant a larger share of the property to the innocent spouse. This is not automatic; the wrongdoing must have had a financial impact on the marital property. The court will also evaluate the circumstances contributing to the dissolution of the marriage, and adultery is a factor it can weigh.
Spousal support is where the statute draws a harder line. Va. Code § 20‑107.1 bars a spouse who committed adultery from receiving spousal support after the marriage, unless the denial would create a manifest injustice. The burden is on the spouse seeking support to show why the bar should not apply. An experienced family law team can help you understand whether this bar applies and how to present or contest the evidence. The interplay between fault and finances makes early legal guidance important. Mr. Sris and his Of Counsel team bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to analyzing how adultery allegations influence the overall property and support picture. Results may vary.
Strategy Options and What to Expect
When adultery is alleged, both sides must consider their legal posture carefully. The spouse filing for divorce may choose to proceed solely on the no‑fault ground—one year of separation, or six months if the parties have a signed separation agreement and no minor children—rather than litigating the adultery issue. This can lower conflict and expense if the parties cooperate. However, waiving the fault ground may mean losing the spousal‑support bar and the potential to influence property division. The decision is tactical and fact‑specific.
If the case proceeds on the adultery ground, you can expect a contested divorce in the Circuit Court. The timeline depends on the court’s calendar and the complexity of the evidence; but because no separation period is required, a final decree can sometimes be entered sooner than in a no‑fault matter. Discovery—including depositions, document requests, and electronic evidence—is often extensive. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel work with clients to build a thorough record while keeping the emotional toll of litigation in mind. We help you evaluate whether the fault‑based path aligns with your long‑term goals.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced family law since 1997. His background in criminal trial work brings a disciplined, evidence‑focused perspective to fault‑based divorce cases, where proof of adultery must meet a heightened standard. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised Virginia’s equitable‑distribution statute.
Mr. Sris leads a team of Of Counsel attorneys who concentrate in family law, criminal defense, and related areas. Together, Mr. Sris and his Of Counsel draw on over 120 years of combined legal experience and 4,739+ documented firm-wide results to support clients through contested and uncontested divorces, custody disputes, and property‑division matters across Virginia. Results may vary. In your case.
Frequently Asked Questions About Adultery and Divorce in Virginia
Does adultery affect property division in Virginia?
Yes, adultery can affect property division in Virginia if the court finds that the marital funds were misused to finance the extramarital relationship. Under Va. Code § 20‑107.3(E), the judge may consider the adultery’s financial impact on the marital estate when deciding how to distribute property. The innocent spouse might receive a larger share if the adultery depleted family resources. This is not a penalty for infidelity alone; the court looks at economic harm. An experienced family law attorney can help you identify and present evidence of wasted marital assets. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss whether adultery figures into your property settlement.
Do I have to wait six months to file for divorce if my spouse committed adultery?
No, you do not have to wait. Adultery is a fault ground that allows an immediate filing with no separation period. Virginia’s no‑fault divorce requires either a six‑month separation (with a signed agreement and no minor children) or a one‑year separation. But when you file on the ground of adultery under Va. Code § 20‑91(1), the case can proceed without the waiting period. This can be important if you want to resolve the divorce quickly. Remember that you must prove the adultery, which may require gathering evidence. For guidance on whether a fault‑based filing is right for your situation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can I still get spousal support if my spouse committed adultery?
Generally, a spouse who committed adultery is barred from receiving spousal support, but the innocent spouse’s right to support is unaffected. Va. Code § 20‑107.1 creates a presumption that an adulterous spouse cannot collect spousal support. The court may still award support to the innocent spouse if the statutory factors—such as need, duration of the marriage, and standard of living—support it. There is a narrow exception for manifest injustice, but it is rarely invoked. If you are concerned about support after discovering infidelity, speak with Mr. Sris and his Of Counsel about how the bar applies. Call (888) 437‑7747 to request a consultation.
What evidence do I need to prove adultery in court?
You will typically need clear, positive, and convincing evidence, such as witness testimony, electronic communications, financial records, or photographs, along with independent corroboration. Virginia courts will not grant a divorce on the uncorroborated testimony of a party. Corroboration can come from a private investigator, hotel receipts, text messages, social media posts, or testimony of someone with personal knowledge. The exact evidence required depends on the facts. Mr. Sris and his Of Counsel team can evaluate what you have and advise you on how to strengthen your case. For a confidential discussion, reach us at (888) 437‑7747.
Does an affair affect child custody in Virginia?
An affair, by itself, does not automatically change custody; the court focuses on the best interests of the child, not on moral fault. Virginia Code § 20‑124.3 lists ten factors the judge must consider, none of which mention adultery directly. However, if the infidelity involves conduct that endangers the child—such as exposing the child to an unsafe environment—the court can weigh that factor. Routine adultery that does not harm the child is unlikely to alter custody. A family law attorney can help you understand how the specific facts of your case might influence custody. To talk through your concerns, call (888) 437‑7747.
Our Virginia divorce team also serves clients in Fairfax County, Fairfax City, Falls Church, Prince William County, and Manassas.
Primary sources: Virginia Code Title 20 (Domestic Relations) | Virginia’s Judicial System
Law Offices Of SRIS, P.C. — Fairfax Location
4008 Williamsburg Court, Fairfax, VA 22032
By appointment. Call (888) 437‑7747 to schedule.
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