Fault based divorce in Augusta County, Virginia, is governed by Va. Code § 20-91, which allows divorce on grounds such as adultery, cruelty, desertion for one year, or felony conviction with imprisonment for one year or more. Law Offices Of SRIS, P.C. has extensive experience handling fault based divorce cases in Augusta County, with 13 documented results in the locality.
Fault Based Divorce Lawyer in Augusta County, Virginia
Understanding Fault Based Divorce Under Virginia Law
Virginia law under Va. Code § 20-91 provides several fault grounds for divorce. These include adultery, which carries no waiting period; cruelty, which requires proof of physical or mental abuse; desertion for a period of one year; and felony conviction with imprisonment for one year or more. A fault based divorce lawyer in Augusta County can explain how these grounds apply to your situation. Unlike no-fault divorce, which requires a separation period of six months (if no minor children and a signed agreement) or one year, fault based divorce allows you to proceed without waiting for a separation period to elapse. The burden of proof rests on the spouse alleging fault, and the court at Augusta County Circuit Court will evaluate the evidence presented.
Last verified: April 2026 | Augusta County Circuit Court | Virginia General Assembly — official site
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Official Legal References
For the full text of Virginia’s divorce laws, consult the following official government sources:
- Va. Code § 20-91 (Virginia General Assembly — official site) — Defines all grounds for divorce, including fault grounds.
- Augusta County Circuit Court (Virginia Courts — official site) — Information about the court handling divorce cases.
Insider Perspective on Augusta County Divorce Proceedings
In Augusta County Circuit Court, judges often require a corroborating witness for uncontested divorce hearings, even in fault based cases. This witness must have personal knowledge of the grounds alleged. We have observed that many clients underestimate the importance of preparing this witness properly.
- Identify the specific fault ground under Va. Code § 20-91 that applies to your situation.
- Gather evidence: text messages, emails, financial records, or witness statements supporting the fault ground.
- File a complaint at Augusta County Circuit Court, located at 6 East Johnson Street, 2nd Floor, Staunton, VA 24401.
- Serve the complaint on your spouse through the sheriff’s office or a private process server.
- Attend the hearing with your corroborating witness prepared to testify.
- Obtain the final divorce decree from the court.
Legal Consequences of Fault Based Divorce
In Augusta County, Virginia, fault based divorce carries significant legal implications including property division, spousal support, and custody arrangements under Va. Code § 20-91 and § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (Va. Code § 20-91(1)) | Fault Ground | None | None | None | May affect spousal support; no waiting period required |
| Cruelty (Va. Code § 20-91(6)) | Fault Ground | None | None | None | Requires proof of physical or mental abuse; may impact custody |
| Desertion (Va. Code § 20-91(2)) | Fault Ground | None | None | None | Requires 1-year separation; may affect property division |
| Felony Conviction (Va. Code § 20-91(3)) | Fault Ground | 1+ year imprisonment | None | None | Requires conviction and 1+ year imprisonment; may affect custody |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Fault Based 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 the firm’s deep understanding of Virginia family law and its commitment to shaping the law itself. As a fault based divorce lawyer in Augusta County, the firm provides strategic guidance grounded in decades of experience.
Your Legal Team
Documented Results in Augusta County
Law Offices Of SRIS, P.C. has 13 documented results in Augusta County: 0 dismissed or not guilty, 13 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. These results demonstrate the firm’s commitment to achieving favorable outcomes for clients in Augusta County.
Our Location and Service Area
Our location in Woodstock is approximately 50 miles from Augusta County Circuit Court in Staunton, with access via I-81 and Route 11. As a fault based divorce lawyer near Augusta County, we serve clients throughout the region.
Serving the communities of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St, Suite 103, Woodstock, VA 22664
(888) 437-7747
Frequently Asked Questions About Fault Based Divorce in Augusta County
How long does a divorce take in Augusta County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Augusta County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Augusta 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 divorce with adultery has no waiting period, which can expedite the process.
Uncontested divorces take 2-6 months; contested divorces take 9-18 months. Fault grounds like adultery have no waiting period.
How much does a divorce cost in Augusta County, Virginia?
The Circuit Court filing fee for divorce complaint is approximately $86; sheriff service of process is approximately $12; private process server costs $50-$100; pendente lite motion incurs additional court costs; Guardian ad Litem for custody typically costs $500-$2,500+; mediation costs $100-$300/hour per party. These costs apply at Augusta County General District Court and Augusta County Circuit Court under Va. Code § 20-91.
Filing fee is approximately $86; total costs vary based on complexity and whether the case is contested.
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). Augusta County Circuit Court (6 East Johnson Street, 2nd Floor, Staunton, VA 24401) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state. Property is divided fairly, not necessarily equally.
How is child custody decided in Augusta County, Virginia?
Custody in Augusta 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. Augusta County J&DR Court handles standalone custody. Augusta County Circuit Court handles custody within divorce cases.
Custody is based on the experienced interests of the child under Va. Code § 20-124.3, with 10 factors considered.
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 Augusta County Circuit Court. An at-fault divorce lawyer Augusta County can help you pursue fault grounds under Va. Code § 20-91.
Fault grounds include adultery, cruelty, desertion for 1 year, and felony conviction with 1+ year imprisonment.
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. A fault grounds for divorce lawyer Augusta County can assess your case.
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. A fault based divorce lawyer Augusta County can guide you through the process.
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Last verified: April 2026