Fault Based Divorce Lawyer Prince William County: Under Va. Code § 20-91, fault grounds for divorce in Virginia include adultery (no waiting period), cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. Law Offices Of SRIS, P.C. has 289 documented case results in Prince William County, with a 97% favorable outcome rate.
Fault Based Divorce Lawyer in Prince William County, Virginia
In Virginia, a fault based divorce is governed by Va. Code § 20-91, which establishes specific grounds that allow a spouse to seek dissolution of marriage without waiting the standard separation period. These fault grounds include adultery (no waiting period required), cruelty (physical or mental), 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, a fault based divorce can be filed immediately upon proof of the fault ground. The burden of proof rests on the party alleging fault, and corroborating evidence is typically required. Prince William County Circuit Court, located at 9311 Lee Avenue, Suite 230, Manassas, VA 20110, 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 to every case.
Last verified: April 2026 | Prince William County Circuit Court | Virginia General Assembly — official site
For official statutory text, refer to: Va. Code § 20-91 (Virginia General Assembly — official site) and Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Prince William County Circuit Court, prosecutors and 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 must be presented.
- Identify the specific fault ground under Va. Code § 20-91 (adultery, cruelty, desertion, or felony conviction).
- Gather corroborating evidence, such as witness testimony, documentation, or records.
- File the divorce complaint at Prince William County Circuit Court (9311 Lee Avenue, Suite 230, Manassas, VA 20110).
- Serve the complaint on your spouse via sheriff or private process server.
- Attend any pendente lite hearings for temporary relief.
- Proceed to final decree, which may take 9-18 months for contested fault-based divorces.
In Prince William County, a fault based divorce under Va. Code § 20-91 carries no criminal penalties but affects property division, spousal support, and custody outcomes. The court considers fault in equitable distribution under Va. Code § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (fault ground) | Civil — fault ground for divorce | None | None | None | May affect spousal support and equitable distribution |
| Cruelty (fault ground) | Civil — fault ground for divorce | None | None | None | May affect custody and protective orders |
| Desertion (1 year) | Civil — fault ground for divorce | None | None | None | May affect spousal support |
| Felony conviction (1+ year imprisonment) | Civil — fault ground for divorce | 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%. The firm has 289 documented case results in Prince William County: 163 dismissed or not guilty, 108 reduced or amended — a 97% 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. — Advocacy Without Borders — has handled these results in Prince William County.
Law Offices Of SRIS, P.C. has 289 documented results in Prince William County: 163 dismissed or not guilty, 108 reduced or amended — a favorable-outcome rate of 97%. Results may vary. Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ.
Our location in Fairfax is approximately 15 miles from Prince William County Circuit Court, with access via I-66 and Route 28. Serving as a fault based divorce lawyer near Prince William County, we represent clients throughout the area. Serving the communities of Manassas, Woodbridge, Dale City, Dumfries, Gainesville, Haymarket, Lake Ridge, and Occoquan. 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 Prince William County
How long does a divorce take in Prince William County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Prince William County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Prince William 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. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution with business valuation or retirement assets: 12-24 months. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
Uncontested divorces in Prince William County typically resolve in 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Prince William 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. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Prince William County General District Court.
Filing fee is approximately $86; total costs vary based on complexity.
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). Prince William County Circuit Court (9311 Lee Avenue, Suite 230, Manassas, VA 20110) 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 Prince William County, Virginia?
Custody in Prince William 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. Prince William County J&DR Court handles standalone custody. Prince William County Circuit Court handles custody within divorce cases. 297 total documented case results across all practice areas (97% favorable outcome rate).
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 Prince William County Circuit Court. 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.
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.
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.
For more information about family law in Virginia, visit our Norfolk Military Divorce Lawyer Virginia hub page. Explore related services: Family Law Lawyer Albemarle County, Family Law Lawyer Arlington County, and Business Estate Planning Lawyer Prince William County.
Last verified: April 2026. This page was last updated on 2026-04-29.