Adultery in New Kent County, Virginia, is a fault ground for divorce under Va. Code § 20-91(1) carrying no waiting period; Law Offices Of SRIS, P.C. has 11 documented results in New Kent County, including favorable outcomes in all reported instances.
Adultery Divorce Lawyer in New Kent County, Virginia
Under Virginia law, adultery is a 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 any waiting period. The court considers adultery as a factor in equitable distribution, spousal support, and custody determinations. New Kent County Circuit Court, located at 12001 Courthouse Circle, New Kent, VA 23124, handles all divorce and equitable distribution matters. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly — official site
Va. Code § 20-91 (Virginia General Assembly — official site) — grounds for divorce including adultery.
Va. Code § 20-107.3 (Virginia General Assembly — official site) — equitable distribution statute personally amended by Mr. Sris.
In New Kent County Circuit Court, prosecutors and family court judges routinely scrutinize adultery allegations for corroborating evidence. We have observed that the court requires at least one corroborating witness for an uncontested divorce hearing, and adultery claims demand clear and convincing proof.
- Identify whether you have fault grounds (adultery) or no-fault grounds (separation).
- Gather corroborating evidence — emails, texts, financial records, or witness testimony.
- File a complaint at New Kent County Circuit Court, 12001 Courthouse Circle.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend the final hearing with your corroborating witness.
- Obtain the final divorce decree — typically 2-4 months for uncontested cases.
In New Kent County, adultery divorce carries no criminal penalty but affects equitable distribution, spousal support, and custody under Va. Code § 20-91(1).
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (Fault Ground) | Civil — Fault Ground for Divorce | None | None | None | Affects equitable distribution, spousal support, custody |
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%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm has 11 documented case results in New Kent County: 5 dismissed or not guilty, 6 reduced or amended — a favorable outcome in all reported instances.
Law Offices Of SRIS, P.C. has 11 documented results in New Kent County: 5 dismissed or not guilty, 6 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. Firm-wide, SRIS, P.C. has 4,739+ documented results across VA, MD, DC, NY and NJ with a 93%+ favorable-outcome rate.
Our location in Richmond is approximately 25 miles from New Kent County Circuit Court, with access via I-64, Route 33, Route 249, and Route 60. Serving the communities of New Kent, Providence Forge, and Quinton. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
Phone: (804) 201-9009 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Adultery Divorce in New Kent County
How long does a divorce take in New Kent County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at New Kent County Juvenile & Domestic Relations District Court (custody/support/protective orders) and New Kent 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 divorces in New Kent County typically resolve in 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in New Kent 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.
The Circuit Court filing fee for divorce in New Kent County is approximately $86.
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). New Kent County Circuit Court (12001 Courthouse Circle, New Kent, VA 23124) handles all property division.
No, Virginia is an equitable distribution state, not a community property state.
How is child custody decided in New Kent County, Virginia?
Custody in New Kent 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. New Kent County J&DR Court handles standalone custody. New Kent 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 New Kent County Circuit Court.
Virginia allows no-fault divorce after 6-month or 1-year separation, and fault grounds including adultery with no waiting period.
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.
Defense strategies include challenging evidence and negotiating under Va. Code § 20-91(1).
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.
Contact a family law attorney immediately and preserve all evidence.
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.
Penalties for adultery divorce in Virginia depend on the specific circumstances under Va. Code § 20-91(1).
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Last updated: 2026-04-29
Attorney responsible for this advertising: Mr. Sris.