Fault Based Divorce Lawyer in Henrico County, Virginia
A fault based divorce in Henrico County, Virginia, is governed by Va. Code § 20-91, which allows you to file for divorce on grounds such as adultery, cruelty, desertion, or felony conviction. Law Offices Of SRIS, P.C. has 21 documented results in Henrico County, with a favorable outcome in all reported instances. Call (888) 437-7747 for a consultation by appointment.
Understanding Fault Based Divorce Under Virginia Law
Virginia law provides for fault based divorce under Va. Code § 20-91. Unlike no-fault divorce, which requires a separation period of 6 months (with no minor children and a signed agreement) or 1 year, fault grounds allow you to file immediately without a waiting period. The recognized fault grounds include: adultery (no waiting period), cruelty (physical or mental), desertion for a continuous period of 1 year, and felony conviction with imprisonment for 1 year or more. Filing a fault based divorce in Henrico County requires you to prove the grounds to the court. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience to your case.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly — official site
Official Legal References
For the full text of the divorce statute, see Va. Code § 20-91 (Virginia General Assembly — official site). For the equitable distribution statute personally amended by Mr. Sris, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
Insider Knowledge: Henrico County Divorce Procedure
In Henrico County Circuit Court, judges routinely require a corroborating witness for uncontested fault based divorce hearings. This witness must have personal knowledge of the grounds you allege.
We have observed that cases involving adultery often require detailed evidence, such as text messages, photographs, or witness testimony, to meet the burden of proof.
- Identify and document the fault grounds (adultery, cruelty, desertion, or felony conviction).
- File a verified complaint at Henrico County Circuit Court, 4301 East Parham Road.
- Serve the complaint on your spouse and file proof of service.
- Attend the final hearing with your corroborating witness.
- Obtain the final divorce decree from the court.
Legal Consequences of Fault Based Divorce in Henrico County
In Henrico County, a fault based divorce under Va. Code § 20-91 can impact property division, spousal support, and custody determinations, with the court considering fault as a factor in equitable distribution.
| Offense/Ground | Classification | Impact on Divorce | Financial Consequences | Timeline Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault Ground | No waiting period required | May reduce spousal support award | Immediate filing | Can affect custody and visitation |
| Cruelty | Fault Ground | No waiting period required | May increase spousal support award | Immediate filing | Can affect custody and protective orders |
| Desertion (1 year) | Fault Ground | 1-year waiting period | May affect property division | 1 year from desertion | Can affect custody |
| Felony Conviction | Fault Ground | 1+ year imprisonment | May affect property division | During imprisonment | Can affect custody and visitation |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Henrico County 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 demonstrates our deep understanding of Virginia family law and our commitment to achieving favorable outcomes for our clients.
Your Henrico County Divorce Attorney
Our Track Record in Henrico County
Law Offices Of SRIS, P.C. has 21 documented results in Henrico County: 17 dismissed or not guilty, 4 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. These results include dismissals, nolle prosequi, and reductions across various practice areas. Firm-wide, we have 4,739+ documented results across VA, MD, DC, NY and NJ.
Our Henrico County Location
Our location in Richmond is approximately 10 miles from Henrico County Circuit Court at 4301 East Parham Road, with access via I-64, I-95, and I-295. We serve as a fault based divorce lawyer near Henrico County. Serving the communities of Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville. 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 | By appointment only.
Frequently Asked Questions About Fault Based Divorce in Henrico County
How long does a divorce take in Henrico County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Henrico County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Henrico County 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. Complex equitable distribution cases can extend longer.
Uncontested divorces take 2-6 months; contested divorces take 9-18 months in Henrico County.
How much does a divorce cost in Henrico County, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86. Additional costs include sheriff service of process ($12), private process server ($50-$100), pendente lite motion fees, Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300/hour per party).
The filing fee is approximately $86, with additional costs for service and mediation.
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). Henrico County Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state, not a community property state.
How is child custody decided in Henrico County, Virginia?
Custody in Henrico County 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. Henrico County J&DR Court handles standalone custody. Henrico County Circuit Court handles custody within divorce cases.
Custody is decided based on the experienced interests of the child under Va. Code § 20-124.3.
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 Henrico County Circuit Court.
Fault grounds include adultery, cruelty, desertion, and felony conviction under Va. Code § 20-91.
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 the other party, 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.
Related Legal Resources
For more information about family law in Virginia, visit our Norfolk Military Divorce Lawyer Virginia hub page. You may also find these pages useful: Family Law Lawyer Albemarle County, Family Law Lawyer Arlington County, Non Compete Lawyer Henrico County, and Trespassing Lawyer Henrico County.
Last updated: 2026-04-29