In Stafford County, Virginia, a 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 or more years of imprisonment. Law Offices Of SRIS, P.C. has 119 documented results in Stafford County, providing experienced representation for fault based divorce matters.
Fault Based Divorce Lawyer Stafford County, Virginia
Virginia law under Va. Code § 20-91 provides specific fault grounds for divorce, including adultery (no waiting period), cruelty, desertion for one year, and felony conviction with one or more years of imprisonment. A fault based divorce lawyer Stafford County can help you handle these grounds and file at Stafford County Circuit Court, located at 1300 Courthouse Road, Stafford, VA 22554. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience to every case. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Last verified: April 2026 | Stafford County Circuit Court | Virginia General Assembly — official site
For the full text of Virginia’s divorce statutes, see Va. Code § 20-91 (Virginia General Assembly — official site) and Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Stafford County Circuit Court, prosecutors routinely require corroborating witnesses for uncontested divorce hearings, even in fault based cases. We have observed that judges in the Fifteenth Judicial District closely scrutinize evidence of adultery and cruelty, often requesting additional documentation or testimony.
- Identify your fault grounds under Va. Code § 20-91.
- Gather evidence: text messages, emails, financial records, or witness statements.
- File a complaint at Stafford County Circuit Court (filing fee ~$86).
- Serve your spouse via sheriff or private process server.
- Attend a hearing with corroborating witness testimony.
- Obtain a final decree of divorce from the court.
In Stafford County, a fault based divorce carries no criminal penalties but affects property division, spousal support, and custody under Virginia’s equitable distribution laws.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (Va. Code § 20-91(1)) | Fault ground — no waiting period | None | None | None | May affect spousal support and property division |
| Cruelty (Va. Code § 20-91(6)) | Fault ground — no waiting period | None | None | None | May affect custody and protective orders |
| Desertion (Va. Code § 20-91(2)) | Fault ground — 1 year waiting period | None | None | None | May affect spousal support |
| Felony Conviction (Va. Code § 20-91(3)) | Fault ground — 1+ year imprisonment | None | None | None | May affect custody and property division |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” 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. The firm has 119 documented case results in Stafford County, with a 98% favorable outcome rate.
Law Offices Of SRIS, P.C. has 119 documented results in Stafford County: 64 dismissed or not guilty, 52 reduced or amended — a favorable-outcome rate of 98%. Results may vary. These results include traffic, criminal, and family law matters across the Fifteenth Judicial District.
Our location in Fairfax is approximately 25 miles from Stafford County Circuit Court, with access via I-95 and Route 1. For a fault based divorce lawyer near Stafford County, we serve the communities of Stafford, Aquia Harbour, and Brooke. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
(703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Fault Based Divorce in Stafford County
How long does a divorce take in Stafford County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Stafford County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Stafford 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 under Va. Code § 20-91.
Uncontested divorces take 2-6 months; contested divorces take 9-18 months in Stafford County Circuit Court.
How much does a divorce cost in Stafford County, 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. Cases filed at Stafford County General District Court.
Filing fee is approximately $86 at Stafford County Circuit 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). Stafford County Circuit Court (1300 Courthouse Road, Stafford, VA 22554) handles all property division.
No, Virginia is an equitable distribution state under Va. Code § 20-107.3.
How is child custody decided in Stafford County, Virginia?
Custody in Stafford 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. Stafford County J&DR Court handles standalone custody. Stafford County Circuit Court handles custody within divorce cases.
Custody is 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 Stafford County Circuit Court under Va. Code § 20-91.
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 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.
Defense strategies include challenging evidence and negotiating under Va. Code § 20-91.
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 under Va. Code § 20-91.
Contact a family law attorney immediately under Va. Code § 20-91.
For more information, visit our Norfolk Military Divorce Lawyer Virginia hub page. Explore related pages: Family Law Lawyer Albemarle County, Family Law Lawyer Arlington County, Petit Larceny Defense Lawyer Stafford County, and Assault Lawyer Stafford County.
Page last updated: 2026-04-29. Legal references verified on 2026-02-15.