In Virginia, a fault-based divorce under Va. Code § 20-91 allows you to end your marriage without a separation period if grounds such as adultery, cruelty, or desertion exist. Law Offices Of SRIS, P.C. has 14 documented results in Lexington, providing experienced representation at Lexington Circuit Court.
Fault Based Divorce Lawyer Lexington, Virginia
Virginia law recognizes both no-fault and fault-based grounds for divorce under Va. Code § 20-91. Fault grounds include adultery (no waiting period), cruelty and reasonable apprehension of bodily harm, desertion for one year, and felony conviction with imprisonment for one year or more. A Fault Based Divorce Lawyer Lexington can help you handle these statutory requirements. 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 | Lexington 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 Lexington Circuit Court, prosecutors and judges are familiar with local family dynamics. We have observed that fault-based divorce cases often proceed more quickly when adultery is alleged, as no separation period is required.
- Identify and document the fault ground (e.g., adultery, cruelty, desertion).
- File a complaint at Lexington Circuit Court, 2 South Main Street.
- Serve the complaint on your spouse through the sheriff or a private process server.
- Attend the hearing where the court will consider evidence of fault.
- Obtain a final decree of divorce, which may include equitable distribution and spousal support.
In Lexington, a fault-based divorce under Va. Code § 20-91 carries no criminal penalties but affects property division, spousal support, and custody outcomes.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault Ground | None | None | None | May affect spousal support and property division |
| Cruelty | Fault Ground | None | None | None | Requires corroborating evidence; may impact custody |
| Desertion (1 year) | Fault Ground | None | None | None | Must prove willful abandonment for one year |
| Felony Conviction | Fault Ground | 1+ year imprisonment | None | None | Must be convicted and imprisoned for one year or more |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” 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. has 14 documented results in Lexington: 1 dismissed or not guilty, 12 reduced or amended, 1 other favorable — a favorable-outcome rate of 100% in all reported instances. Results may vary. Case results depend on a variety of factors unique to each case.
Our location in Woodstock is approximately 60 miles from Lexington Circuit Court, with access via I-81 and Route 11. We serve as a Fault Based Divorce Lawyer Lexington and an at-fault divorce lawyer Lexington for clients throughout the area. Serving the communities of Lexington, Buena Vista border, and Rockbridge County surrounds. 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
Phone: (888) 437-7747
By appointment only.
Frequently Asked Questions About Fault-Based Divorce in Lexington
How long does a divorce take in Lexington (City), Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Lexington (City) Circuit Court, 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 grounds like adultery have no waiting period, which can shorten the timeline.
Uncontested divorces resolve in 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Lexington, 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 are filed at Lexington Circuit Court under Va. Code § 20-91.
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). Lexington Circuit Court 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 Lexington, Virginia?
Custody in Lexington 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. Lexington J&DR Court handles standalone custody; Lexington Circuit Court handles custody within divorce cases.
Custody is decided based on the child’s experienced interests 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 Lexington Circuit Court under Va. Code § 20-91.
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.
Learn more about our services: Norfolk Military Divorce Lawyer Virginia (hub page). Explore related localities: Family Law Lawyer Albemarle County, Family Law Lawyer Arlington County. See also: Insurance Lawyer Lexington, Settlement Lawyer Lexington.
Last verified: April 2026. This page was last updated on 2026-04-29.