A fault based divorce in Chesterfield County, Virginia, under Va. Code § 20-91, allows you to seek dissolution without a waiting period if grounds such as adultery, cruelty, desertion for one year, or a felony conviction exist. Law Offices Of SRIS, P.C. has 15 documented case results in Chesterfield County, with a favorable outcome in all reported instances.
Fault Based Divorce Lawyer in Chesterfield County, Virginia
Understanding Fault Based Divorce Under Virginia Law
Virginia law provides for fault based divorce under Va. Code § 20-91, which allows you to file for divorce without the standard separation period if you can prove specific fault grounds. These grounds include adultery (no waiting period), cruelty (physical or mental abuse that makes cohabitation unsafe), desertion for a continuous period of one year, and felony conviction with imprisonment for one year or more. Unlike no-fault divorce, which requires a 6-month or 1-year separation, fault based divorce can proceed immediately upon proof of the ground. The Chesterfield County Circuit Court, located at 9500 Courthouse Road, Chesterfield, VA 23832, handles all divorce and equitable distribution matters in the county. 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 | Chesterfield County Circuit Court | Virginia General Assembly — official site
Official Legal References
Va. Code § 20-91 (Virginia General Assembly — official site) — This statute defines all grounds for divorce in Virginia, including fault grounds such as adultery, cruelty, desertion, and felony conviction.
Va. Code § 20-107.3 (Virginia General Assembly — official site) — This statute governs equitable distribution of marital property in Virginia divorces and was personally amended by Mr. Sris.
Insider Knowledge: handling Chesterfield County Courts
In Chesterfield County Circuit Court, judges routinely require corroborating witnesses for fault based divorce hearings. You cannot rely solely on your own testimony to prove adultery or cruelty.
We have observed that the court strictly enforces the one-year desertion period, counting from the date of actual separation with intent to abandon.
- Gather evidence of the fault ground: text messages, emails, photographs, or witness affidavits for adultery; medical records or police reports for cruelty.
- File a complaint at Chesterfield County Circuit Court (9500 Courthouse Road) with the specific fault ground cited under Va. Code § 20-91.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend the pendente lite hearing for temporary support and custody, typically within 21-60 days.
- Participate in mediation if ordered by the court; mediation is available but not mandatory in Virginia.
- Obtain a final decree of divorce from the Chesterfield County Circuit Court.
Legal Consequences and Outcomes in Fault Based Divorce
In Chesterfield County, a fault based divorce under Va. Code § 20-91 can result in immediate dissolution without a waiting period, but the court considers fault in equitable distribution and spousal support determinations.
| Offense/Ground | Classification | Waiting Period | Impact on Property Division | Impact on Spousal Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault Ground | None | Court may award a disproportionate share to the innocent spouse | Adultery is a bar to spousal support for the guilty spouse | Must be proven by clear and convincing evidence; corroboration required |
| Cruelty | Fault Ground | None | Court considers fault in equitable distribution under Va. Code § 20-107.3 | May affect spousal support award | Requires proof of physical or mental abuse making cohabitation unsafe |
| Desertion | Fault Ground | 1 year | Court may consider fault in property division | May affect spousal support | Must prove continuous desertion with intent to abandon |
| Felony Conviction | Fault Ground | 1+ year imprisonment | Court considers fault in equitable distribution | May affect spousal support | Requires proof of conviction and imprisonment |
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. The firm has 15 documented case results in Chesterfield County, with a favorable outcome in all reported instances. Our team understands the local procedures at Chesterfield County Circuit Court and Chesterfield County Juvenile & Domestic Relations District Court.
Your Legal Team
Case Results in Chesterfield County
Law Offices Of SRIS, P.C. has 15 documented case results in Chesterfield County: 8 dismissed or not guilty, 7 reduced or amended — a favorable outcome in all reported instances. Results may vary. These results include outcomes in drug offenses, traffic violations, and other criminal matters handled at Chesterfield County General District Court. Firm-wide, the firm has 4,739+ documented results across VA, MD, DC, NY and NJ.
Our Location and Service Area
Our location in Richmond is approximately 20 miles from Chesterfield County Circuit Court, with access via I-95 and Route 10.
Fault Based Divorce Lawyer near Chesterfield County.
Serving the communities of Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, and Moseley.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our Location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (804) 201-9009. By appointment only.
Frequently Asked Questions About Fault Based Divorce in Chesterfield County
How long does a divorce take in Chesterfield County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Chesterfield County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Chesterfield 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.
Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months.
How much does a divorce cost in Chesterfield County, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs approximately $12, while a private process server costs $50-$100. Additional costs include pendente lite motion fees, Guardian ad Litem for custody (typically $500-$2,500+), and mediation ($100-$300/hour per party). Cases are filed at Chesterfield County Circuit Court under Va. Code § 20-91.
Filing fee: approximately $86; service: $12-$100; Guardian ad Litem: $500-$2,500+; mediation: $100-$300/hour.
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). Chesterfield County Circuit Court (9500 Courthouse Road, Chesterfield, VA 23832) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No. Virginia is an equitable distribution state, not a community property state.
How is child custody decided in Chesterfield County, Virginia?
Custody in Chesterfield 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. Chesterfield County J&DR Court handles standalone custody. Chesterfield 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 Chesterfield County Circuit Court under Va. Code § 20-91.
Fault grounds include adultery (no waiting period), cruelty, desertion (1 year), and felony conviction (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.
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.
Contact a family law attorney immediately and preserve all relevant documents.
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 under Va. Code § 20-91(1).
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Last verified: April 2026
By appointment only.
Attorney responsible for this advertising: Mr. Sris.
Case results depend on a variety of factors unique to each case.