In Colonial Heights, Virginia, fault-based divorce under Va. Code § 20-91 allows you to seek dissolution without a waiting period on grounds such as adultery, cruelty, desertion for one year, or felony conviction with one-plus years of imprisonment; Law Offices Of SRIS, P.C. has 4 documented results in Colonial Heights, with a favorable outcome in all reported instances, and Mr.
Fault Based Divorce Lawyer in Colonial Heights, Virginia
Understanding Fault Based Divorce Under Virginia Law
Virginia law recognizes several fault grounds for divorce under Va. Code § 20-91. Unlike no-fault divorce, which requires a separation period of six months (with no minor children and a signed agreement) or one year (with minor children), fault-based divorce allows you to file immediately upon proving the ground. The recognized fault grounds include adultery (no waiting period), cruelty (physical or mental), desertion for a continuous period of one year, and felony conviction with imprisonment for one year or more. Filing a fault-based divorce at Colonial Heights Circuit Court can impact property division, spousal support, and custody determinations because the court considers marital misconduct under Va. Code § 20-107.3, the equitable distribution statute personally amended by Mr. Sris.
Last verified: April 2026 | Colonial Heights General District Court | Virginia General Assembly — official site
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience.
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Insider Knowledge: handling Fault Based Divorce in Colonial Heights
In Colonial Heights Circuit Court, judges routinely scrutinize fault-based divorce claims for corroborating evidence. The court requires at least one corroborating witness for an uncontested divorce hearing, even in fault-based cases. We have observed that adultery claims without independent evidence — such as hotel receipts, credit card statements, or witness testimony — are often dismissed or converted to no-fault grounds.
- Gather corroborating evidence for the fault ground (e.g., text messages, financial records, witness affidavits).
- File the divorce complaint at Colonial Heights Circuit Court, 550 Boulevard, Colonial Heights, VA 23834.
- Serve your spouse with the complaint and summons via sheriff or private process server.
- Attend the pendente lite hearing for temporary support and custody (typically within 21-60 days).
- Participate in mediation if ordered by the court.
- Obtain the final divorce decree after proving the fault ground at trial or by affidavit.
Legal Consequences and Timelines for Fault Based Divorce
In Colonial Heights, Virginia, fault-based divorce carries no criminal penalty but significantly impacts property division, spousal support, and custody outcomes under Va. Code § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground (civil) | None | None | None | May affect spousal support, property division, and custody |
| Cruelty | Fault ground (civil) | None | None | None | May affect spousal support, property division, and custody |
| Desertion (1 year) | Fault ground (civil) | None | None | None | May affect spousal support, property division, and custody |
| Felony Conviction (1+ year imprisonment) | Fault ground (civil) | None | None | None | May affect spousal support, property division, and custody |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Fault Based Divorce
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. This means our firm has direct experience shaping the law that affects your property division. Our team includes attorneys with backgrounds as former prosecutors, former Virginia State Troopers, and former Maryland Assistant State’s Attorneys, giving us unique insight into how courts evaluate evidence in fault-based cases.
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Our Track Record in Colonial Heights
Law Offices Of SRIS, P.C. has 4 documented results in Colonial Heights across all practice areas, with a favorable outcome in all reported instances. While our firm-wide results total 4,739+ across VA, MD, DC, NY and NJ, each case is unique. Results may vary.
Our Location and Service Area
Our location in Richmond is approximately 20 miles from Colonial Heights Circuit Court, with access via I-95, I-295, Route 1, and Route 144 (Temple Avenue).
Fault Based Divorce Lawyer near Colonial Heights.
Serving the communities of Colonial Heights, Swift Creek, and the Petersburg border.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our Location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (804) 201-9009
Frequently Asked Questions About Fault Based Divorce in Colonial Heights
How long does a divorce take in Colonial Heights (City), Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Colonial Heights (City) Juvenile & Domestic Relations District Court (custody/support/protective orders) and Colonial Heights (City) Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution with business valuation or retirement assets: 12-24 months. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
How much does a divorce cost in Colonial Heights, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Colonial Heights General District Court.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Colonial Heights Circuit Court (550 Boulevard, Colonial Heights, VA 23834) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Colonial Heights, Virginia?
Custody in Colonial Heights is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Colonial Heights J&DR Court handles standalone custody. Colonial Heights Circuit Court handles custody within divorce cases. 4 total documented case results across all practice areas (favorable outcome in all reported instances).
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Colonial Heights Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party.
How does a Virginia lawyer defend against fault based divorce charges?
Defense strategies for fault based divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (grounds for divorce) to build the strongest possible defense.
What should I do if I am facing fault based divorce charges in Virginia?
If facing fault based divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
How does a Virginia lawyer defend against adultery divorce charges?
Defense strategies for adultery divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91(1) (adultery as fault ground — no waiting period) to build the strongest possible defense.
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Last verified: April 2026
By appointment only.
Attorney responsible for this advertising: Mr. Sris.
Case results depend on a variety of factors unique to each case.