In Fairfax County, Virginia, a fault based divorce under Va. Code § 20-91 allows you to seek dissolution without a separation period if grounds such as adultery, cruelty, desertion, or felony conviction are proven. Law Offices Of SRIS, P.C. has 1,741 documented results in Fairfax County, providing experienced representation for fault based divorce cases.
Fault Based Divorce Lawyer in Fairfax County, Virginia
Virginia law recognizes several fault grounds for divorce under Va. Code § 20-91. These include adultery (no waiting period required), cruelty and reasonable apprehension of bodily hurt, desertion for a period of one year, and felony conviction with imprisonment for one year or more. A Fault Based Divorce Lawyer Fairfax County can help you handle these statutory requirements. Unlike no-fault divorce, which requires a 6-month or 1-year separation period, 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 to every case.
Last verified: April 2026 | Fairfax 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 Fairfax County Circuit Court, judges routinely scrutinize fault based divorce claims for corroborating evidence. We have observed that adultery cases require independent proof beyond a spouse’s admission.
- Consult with a Fault Based Divorce Lawyer Fairfax County to evaluate your grounds.
- Gather evidence such as photographs, emails, or witness statements supporting fault grounds.
- File a complaint at Fairfax County Circuit Court, 4110 Chain Bridge Road, Suite 210.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend pendente lite hearings for temporary support and custody if needed.
- Proceed to final hearing or trial to obtain the divorce decree.
In Fairfax County, Virginia, a fault based divorce carries no criminal penalties but involves significant financial and custodial consequences determined by the court under equitable distribution principles.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (Fault Ground) | Civil — No Criminal Penalty | None | None | None | May affect spousal support and equitable distribution |
| Cruelty (Fault Ground) | Civil — No Criminal Penalty | None | None | None | May affect custody and property division |
| Desertion (1 Year) | Civil — No Criminal Penalty | None | None | None | May affect spousal support and equitable distribution |
| Felony Conviction (1+ Year Imprisonment) | Civil — No Criminal Penalty | None | None | None | May affect custody and 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 1,741 documented results in Fairfax County, including 575 dismissed or not guilty and 1,038 reduced or amended, achieving a 96% favorable outcome rate. 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. has 1,741 documented results in Fairfax County: 575 dismissed or not guilty, 1,038 reduced or amended — a favorable-outcome rate of 96%. Results may vary. Firm-wide, SRIS, P.C. has achieved 4,739+ documented results across VA, MD, DC, NY and NJ with a 93%+ favorable outcome rate.
Our location in Fairfax is approximately 1.5 miles from Fairfax County Circuit Court, with access via I-495 and Route 50. If you need a fault grounds for divorce lawyer Fairfax County or an at-fault divorce lawyer Fairfax County, we serve the communities of Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and Falls Church area. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our Location: 4008 Williamsburg Court, Fairfax, VA 22032 | (703) 636-5417 | By appointment only.
Frequently Asked Questions About Fault Based Divorce in Fairfax County
How long does a divorce take in Fairfax County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Fairfax County Circuit Court, depending on mandatory separation periods and court calendar. Contested divorces routinely take 9-18 months. Law Offices Of SRIS, P.C. handles complex matters — consultation by appointment at (888) 437-7747.
Uncontested divorces resolve in 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Fairfax 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.
Filing fee is approximately $86, plus service costs and potential Guardian ad Litem fees.
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). Fairfax County Circuit Court handles all property division.
No, Virginia is an equitable distribution state.
How is child custody decided in Fairfax County, Virginia?
Custody in Fairfax 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. Fairfax County J&DR Court handles standalone custody.
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 Fairfax County Circuit Court.
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 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 evidence.
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Last updated: 2026-04-29