In Arlington County, Virginia, a fault-based divorce under Va. Code § 20-91 allows you to seek dissolution without a waiting period if grounds such as adultery, cruelty, or desertion exist. Law Offices Of SRIS, P.C. has 115 documented results in Arlington County, with a favorable outcome in all reported instances. Call (888) 437-7747 for a consultation by appointment.
Fault Based Divorce Lawyer in Arlington County, Virginia
Virginia law recognizes several fault grounds for divorce under Va. Code § 20-91. These include adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion for one year, and felony conviction with imprisonment for one year or more. A Fault Based Divorce Lawyer Arlington County can help you handle these grounds. Unlike no-fault divorce, which requires a 6-month or 1-year separation, fault-based divorce allows you to file immediately upon proving the ground. 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 | Arlington 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 Arlington County Circuit Court, prosecutors and family court judges routinely scrutinize fault-based divorce claims for corroborating evidence. We have observed that the court requires at least one corroborating witness for an uncontested divorce hearing, and for fault grounds like adultery, direct or circumstantial evidence is essential.
- Identify the specific fault ground under Va. Code § 20-91 that applies to your situation.
- Gather corroborating evidence, such as witness statements, text messages, or financial records.
- File a complaint for divorce at Arlington County Circuit Court, 1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend the hearing with your attorney and present your case.
- Obtain the final divorce decree from the court.
In Arlington County, a fault-based divorce under Va. Code § 20-91 carries no criminal penalties but affects property division, spousal support, and custody determinations.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (Va. Code § 20-91(1)) | Fault ground for divorce | None | None | None | May affect spousal support and property division |
| Cruelty (Va. Code § 20-91(6)) | Fault ground for divorce | None | None | None | May affect custody and protective orders |
| Desertion (Va. Code § 20-91(2)) | Fault ground for divorce | None | None | None | Requires 1-year separation period |
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. Law Offices Of SRIS, P.C. — Advocacy Without Borders — has handled 115 documented results in Arlington County, with a favorable outcome in all reported instances.
Law Offices Of SRIS, P.C. has 115 documented results in Arlington County: 22 dismissed or not guilty, 93 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. These results include cases in Arlington County General District Court and Arlington County Juvenile & Domestic Relations District Court.
Our location in Arlington is approximately 0.5 miles from Arlington County Circuit Court, with access via I-66 and US-29. As a Fault Based Divorce Lawyer Arlington County near you, we serve the communities of Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our location: 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209 | (703) 589-9250. By appointment only.
Frequently Asked Questions About Fault-Based Divorce in Arlington County
How long does a divorce take in Arlington County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Arlington County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Arlington 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, fault-based divorces with adultery have no waiting period.
Uncontested divorces take 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Arlington 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 Arlington County General District Court or Arlington County Circuit Court.
Filing fee is approximately $86; total costs vary from $200 to $3,000+.
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). Arlington County Circuit Court (1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state.
How is child custody decided in Arlington County, Virginia?
Custody in Arlington 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. Arlington County J&DR Court handles standalone custody. Arlington 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 Arlington County Circuit Court. An at-fault divorce lawyer Arlington County can help you pursue these grounds.
Fault grounds include adultery, cruelty, desertion, and felony conviction.
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 fault grounds for divorce lawyer Arlington County 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 with prosecutors.
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.
Contact a family law attorney immediately and preserve all evidence.
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 with prosecutors.
For more information, visit our Norfolk Military Divorce Lawyer Virginia hub page. Explore related pages: Family Law Lawyer Albemarle County, Family Law Lawyer Augusta County, Business Estate Planning Lawyer Arlington County, and Breach of Contract Lawyer Arlington County.
Last verified: April 2026. This page was generated on 2026-04-29.