In New Kent County, Virginia, a fault based divorce under Va. Code § 20-91 allows you to file immediately for adultery, cruelty, or desertion without the standard separation period. Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County. Mr. Sris personally amended Va. Code § 20-107.3.
Last verified: April 2026 | New Kent County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law provides specific fault grounds for divorce under Va. Code § 20-91. Unlike no-fault divorce which requires a 6-month or 1-year separation, fault-based grounds allow you to file immediately. The recognized fault grounds include adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion for one year, and felony conviction with imprisonment for one or more years. An at-fault divorce lawyer New Kent County can help you prove these grounds in court. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving the firm unique insight into how fault impacts property division. New Kent County Circuit Court at 12001 Courthouse Circle handles all divorce filings. The court requires corroborating evidence for fault grounds — a witness or documentation supporting your claim. Filing fees are approximately $86, with additional costs for service of process.
For the official statute text, visit Va. Code § 20-91 (official Virginia General Assembly). For court procedures and forms, see the New Kent County Circuit Court website.
In New Kent County Circuit Court, fault-based divorce cases require a corroborating witness at the final hearing. The court does not accept your testimony alone. You must bring someone who can confirm the facts supporting your fault ground.
- File a complaint for divorce listing your specific fault ground at New Kent County Circuit Court.
- Serve the complaint on your spouse through the sheriff’s office or a private process server.
- Gather corroborating evidence — text messages, photographs, financial records, or witness statements.
- Attend the pendente lite hearing for temporary support and custody orders within 21-60 days.
- Proceed to final hearing with your corroborating witness to prove the fault ground.
- Receive the final divorce decree with equitable distribution and support orders.
In New Kent County, fault-based divorce grounds under Va. Code § 20-91 carry no criminal penalties but affect property division and spousal support outcomes.
| Fault Ground | Classification | Separation Required | Impact on Property | Impact on Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Court may award more marital property to innocent spouse | Bar to spousal support for adulterous spouse | Costs of proving adultery may be awarded |
| Cruelty | Fault ground | None | Court considers fault in equitable distribution | May affect spousal support amount | Protective orders may be issued |
| Desertion | Fault ground | 1 year continuous | Fault considered in property division | May affect spousal support | Must prove intent to abandon |
| Felony Conviction | Fault ground | 1+ year imprisonment | Fault considered in property division | May affect spousal support | Must provide conviction documentation |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience and 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a credential no other firm can claim. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, Owner & CEO, Managing Attorney, provides secondary oversight on all New Kent County family law matters. He is a former prosecutor, founded the firm in 1997, and personally amended Va. Code § 20-107.3. He is admitted in VA, MD, DC, NJ, and NY.
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location is approximately 30 minutes from New Kent County Circuit Court, accessible via I-64 and Route 33. We serve clients throughout New Kent County.
Looking for a fault based divorce lawyer near New Kent? We represent clients in New Kent, Providence Forge, and Quinton.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
How long does a fault-based divorce take in New Kent County?
It depends. Uncontested fault divorce with signed agreement: 2-4 months. Contested fault divorce: 9-18 months. Complex cases with business valuation: 12-24 months. Pendente lite hearings set within 21-60 days.
Can I get a divorce for adultery in New Kent County without waiting?
Yes. Adultery has no waiting period under Va. Code § 20-91. You must provide corroborating evidence — not just your testimony. Photographs, text messages, or a witness can support your claim.
Is Virginia a community property state for fault divorces?
No. Virginia uses equitable distribution under Va. Code § 20-107.3. The court divides marital property fairly, not necessarily 50/50. Fault grounds can affect how the court divides assets and awards spousal support.
How is child custody decided in a fault-based divorce in New Kent County?
Custody is based on the best interests of the child under Va. Code § 20-124.3. The court considers 10 factors including each parent’s role and any history of abuse. Fault grounds do not automatically affect custody decisions.
What are the costs of filing a fault-based divorce in New Kent County?
Circuit Court filing fee: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Guardian ad Litem for custody: $500-$2,500+. Mediation: $100-$300/hour per party.
Return to Virginia Family Law Lawyer hub page.
Nearby localities: Henrico County Divorce Lawyer | Chesterfield County Divorce Lawyer
Other practice areas in New Kent County: Criminal Defense Lawyer | DUI/DWI Lawyer
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.