Fault Based Divorce Lawyer Virginia Beach, VA
You discovered evidence of your spouse’s adultery. The betrayal is devastating, and you are now certain the marriage cannot survive. In Virginia, you have the option to file for divorce based on fault—a decision that can affect everything from property division to spousal support. If you live in Virginia Beach, Sandbridge, or Oceana, the Virginia Beach City Circuit Court at 2425 Nimmo Parkway, Bldg 10B is where your divorce will be heard. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel represent clients who choose to pursue a fault‑based divorce in Virginia Beach. Our firm helps you gather evidence, file the necessary complaint, and seek a resolution that protects your interests. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Fault Based Divorce Means in Virginia Beach
Virginia law (Va. Code § 20‑91) allows a spouse to seek a divorce on fault grounds instead of waiting for a no‑fault separation period. The recognized fault grounds are adultery, cruelty (including reasonable apprehension of bodily hurt), willful desertion for one year, and felony conviction with imprisonment for more than one year. Adultery is unique because it has no waiting period—a divorce may be granted immediately upon proof. For cruelty, desertion, and felony grounds, the law requires the fault condition to continue for one year.
In Virginia Beach, all divorce and equitable distribution matters are heard in the Virginia Beach City Circuit Court. The court address is 2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456. Stand‑alone custody, visitation, and child support disputes are handled in the Virginia Beach Juvenile and Domestic Relations District Court, but when fault‑based divorce involves those issues, the Circuit Court may address them together. Mr. Sris and his Of Counsel appear in both courts, and our Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 serves Virginia Beach families.
Proving fault matters. Virginia is an equitable distribution state, meaning marital property is divided fairly—not necessarily equally. Under Va. Code § 20‑107.3, a judge may consider a spouse’s fault in the breakup of the marriage when deciding how to divide assets and debts. Fault can also influence spousal support. For example, a spouse who commits adultery is barred from receiving spousal support unless the court finds that denial would be a manifest injustice. Understanding these consequences is critical when deciding whether to proceed on fault grounds.
How Mr. Sris and His Of Counsel Handle Fault Based Divorce Cases
When you contact Law Offices Of SRIS, P.C., an initial consultation allows Mr. Sris and his Of Counsel to understand your situation and the evidence you have regarding your spouse’s fault. We explain the legal standards for each fault ground and what you can expect at each stage. We also discuss whether a fault‑based divorce is strategically right for you, given its potential effect on asset division, alimony, and even custody if the fault impacts the child’s best interests.
Once you decide to proceed, our team prepares and files a Complaint for Divorce in the Virginia Beach City Circuit Court. We handle service of process on your spouse. Discovery may follow—requests for documents, interrogatories, and depositions—especially if fault is contested. We work with private investigators, forensic accountants, and other professionals as needed to gather evidence. Many fault‑based divorce cases resolve through negotiation or mediation, but if trial is necessary, Mr. Sris draws on his courtroom experience as a former prosecutor to present your case effectively. Throughout the process, you are kept informed of developments and involved in every significant decision.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Before founding the firm, he served as a prosecutor, an experience that informs his approach to litigation and negotiation. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a measure that revised the equitable distribution statute, Va. Code § 20‑107.3. His understanding of that law is directly relevant to fault‑based divorce, where property division is often the most contentious issue.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. Our Of Counsel are experienced attorneys engaged through the firm; they are not employees. Together, we work to achieve favorable outcomes for clients facing the emotional and financial challenges of a fault‑based divorce.
Frequently Asked Questions
What are the fault grounds for divorce in Virginia?
Virginia law recognizes adultery, cruelty, willful desertion for one year, and felony conviction with imprisonment for more than one year as fault grounds for divorce. Adultery is a ground with no separation period required; the divorce may be granted as soon as the court is satisfied with the proof. Cruelty includes reasonable apprehension of bodily harm and requires the condition to have existed for one year. Desertion must also have continued for one year. A felony conviction ground applies when the spouse is sentenced to confinement for more than one year. These grounds are set out in Va. Code § 20‑91.
How does fault affect property division in a Virginia Beach divorce?
Virginia is an equitable distribution state, and a spouse’s fault may be one of the factors the court considers when dividing marital property. Under Va. Code § 20‑107.3, the court looks at the circumstances and factors that contributed to the dissolution of the marriage, which can include adultery, cruelty, or other fault. A judge can award a larger share of the marital estate to the innocent spouse. Because each case is fact‑specific, the actual impact of fault depends on the evidence presented. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can a spouse who commits adultery receive alimony in Virginia?
Generally, a spouse who commits adultery is barred from receiving spousal support in Virginia. Va. Code § 20‑107.1 provides that no permanent maintenance and support shall be awarded to a spouse who has committed adultery, unless the court determines from clear and convincing evidence that a denial of support would constitute a manifest injustice based on the parties’ respective degrees of fault and economic circumstances. This can be a powerful consideration when deciding whether to prove adultery as a fault ground.
How do I prove fault grounds in a Virginia Beach divorce?
Proving fault typically requires evidence such as witness testimony, electronic records, photographs, financial documents, or admissions by the spouse. For adultery, for example, you must show both the disposition and the opportunity to commit the act; circumstantial evidence is often used. For cruelty, you need evidence of conduct that endangered your safety. Mr. Sris and his Of Counsel work with investigators and other professionals to gather the evidence needed to meet the burden of proof. Each case has unique factual challenges, and the strength of the evidence determines the trusted strategy.
Do I need a lawyer for a fault‑based divorce in Virginia Beach?
You are not required to hire a lawyer, but fault‑based divorces involve complex evidentiary standards and procedural requirements that can be difficult to navigate alone. The consequences—loss of property, denial of spousal support, and custody implications—can be severe. An attorney can help you identify the strongest evidence, avoid procedural missteps, and negotiate a settlement. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
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