Adultery in Virginia is a fault ground for divorce under Va. Code § 20-91(1) with no waiting period; Law Offices Of SRIS, P.C. has 68 documented results in Fauquier County, including 57 reduced or amended outcomes, providing experienced representation for adultery divorce cases.
Adultery Divorce Lawyer in Fauquier County, Virginia
Under Virginia law, adultery is a recognized fault ground for divorce under Va. Code § 20-91(1). Unlike no-fault divorce, which requires a 6-month or 1-year separation period, adultery allows you to file for divorce immediately without waiting. The court considers adultery when dividing marital property and determining spousal support. Law Offices Of SRIS, P.C. — Advocacy Without Borders — brings 120+ years combined legal experience to adultery divorce cases in Fauquier County.
Last verified: April 2026 | Fauquier 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 Fauquier County Circuit Court, judges closely scrutinize adultery allegations because of their impact on property division and spousal support. We have observed that the court requires clear and convincing evidence of adultery, not mere suspicion.
- Identify whether you have grounds for adultery under Va. Code § 20-91(1).
- Gather evidence such as text messages, emails, or witness testimony.
- File a divorce complaint at Fauquier County Circuit Court, 6 Court Street, Warrenton, VA 20186.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend a hearing where the court determines fault and divides property.
- Receive a final divorce decree once all issues are resolved.
In Fauquier County, adultery divorce carries no criminal penalty but affects property division, spousal support, and custody under Virginia’s equitable distribution laws.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (Fault Ground) | Civil — No Criminal Penalty | None | None | None | May reduce spousal support award; may affect property division |
Results may vary.
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%. Law Offices Of SRIS, P.C. — Advocacy Without Borders — has handled 68 documented results in Fauquier County, including 57 reduced or amended outcomes.
Mr. Sris — Mr. Sris, former prosecutor, founded Law Offices Of SRIS, P.C. in 1997 and personally amended Va. Code § 20-107.3. He is admitted to the Virginia Bar and has over 25 years of experience in family law, including adultery divorce cases.
Law Offices Of SRIS, P.C. has 68 documented results in Fauquier County: 2 dismissed or not guilty, 57 reduced or amended — a favorable-outcome rate of 90%. Results may vary.
Our location in Fairfax is approximately 25 miles from Fauquier County Circuit Court, with access via I-66 and Route 29. Adultery divorce lawyer near Fauquier County. Serving the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. 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
By appointment only.
Frequently Asked Questions About Adultery Divorce in Fauquier County
How long does a divorce take in Fauquier County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Fauquier County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Fauquier 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. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution… High-asset or international-element cases can extend longer. 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 Fauquier County, Virginia?
Yes. 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 Fauquier County 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). Fauquier County Circuit Court (6 Court Street, Warrenton, VA 20186) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Fauquier County, Virginia?
Custody in Fauquier 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. Fauquier County J&DR Court handles standalone custody. Fauquier County Circuit Court handles custody within divorce cases. 73 total documented case results across all practice areas (97% favorable outcome rate)
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 Fauquier County 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 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.
What should I do if I am facing adultery divorce charges in Virginia?
If facing adultery 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.
What are the penalties for adultery divorce in Virginia?
Penalties for adultery divorce in Virginia depend on the specific charges, prior record, and circumstances. Under Va. Code § 20-91(1) (adultery as fault ground — no waiting period), consequences may include fines, jail time, probation, or other sanctions. Consult a Virginia family law attorney for case-specific guidance.
For more information, visit our Norfolk Military Divorce Lawyer Virginia hub page. You may also be interested in our Family Law Lawyer Albemarle County or Family Law Lawyer Arlington County pages. For related practice areas, see Consumer Protection Lawyer Fauquier County and Marijuana Possession Lawyer Fauquier County.
Last verified: April 2026