In Botetourt County, fault-based divorce under Va. Code § 20-91 allows filing without a waiting period for adultery, cruelty, or desertion. Law Offices Of SRIS, P.C. has 33 documented case results in Botetourt County. A Fault Based Divorce Lawyer Botetourt County from our firm can explain your specific grounds.
Fault Grounds for Divorce Under Virginia Law
Virginia law provides specific fault grounds for divorce lawyer Botetourt County clients can use. Under Va. Code § 20-91, fault grounds include adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion for one year, and felony conviction with imprisonment for one year or more. Unlike no-fault divorce, fault-based divorce does not require a separation period. Mr. Sris, founder of Law Offices Of SRIS, P.C. since 1997, personally amended Va. Code § 20-107.3 (equitable distribution statute). An at-fault divorce lawyer Botetourt County can help you prove these grounds in court.
Last verified: April 2026 | Botetourt County General District Court | Virginia General Assembly
Review the official Va. Code § 20-91 (divorce grounds) (official Virginia General Assembly) and the Botetourt County General District Court website for procedural information.
Insider Procedural Edge for Botetourt County Fault Divorce
Botetourt County Circuit Court handles all fault-based divorce filings at 20 E. Back Street, Suite A, Fincastle, VA 24090. The court requires corroborating witnesses for fault grounds like adultery or cruelty. Our Fault Based Divorce Lawyer Botetourt County team knows the local judges and their expectations.
- Identify your specific fault ground under Va. Code § 20-91.
- Gather corroborating evidence (witnesses, documents, communications).
- File a complaint for divorce at Botetourt County Circuit Court.
- Serve the complaint on your spouse through sheriff or private process server.
- Attend pendente lite hearing if temporary support or custody is needed.
- Proceed to final hearing or negotiate a settlement agreement.
In Botetourt County, fault-based divorce carries no criminal penalty but affects property division, spousal support, and attorney fee awards under Va. Code § 20-107.3.
| Ground | Classification | Separation Required | Impact on Property Division | Impact on Spousal Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault Ground | None | Court may consider marital waste | Bar to spousal support in some cases | Corroborating evidence required |
| Cruelty | Fault Ground | None | Court may consider fault | May affect support amount | Reasonable apprehension of bodily harm |
| Desertion | Fault Ground | 1 year continuous | Court may consider fault | May affect support amount | Willful abandonment required |
| Felony Conviction | Fault Ground | 1+ year imprisonment | Court may consider fault | May affect support amount | Conviction must be for felony |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Botetourt County Fault Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. Our firm has firm-wide 4,739+ documented case results across all practice areas with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in all Virginia divorces. Our tagline is “Advocacy Without Borders.” We handle fault-based divorce cases throughout Botetourt County, including Fincastle, Daleville, Troutville, Blue Ridge, and Eagle Rock.
Our team also includes Mr. Sris, who personally amended Va. Code § 20-107.3 and brings former prosecutor insight to every family law case.
Botetourt County Case Results
Law Offices Of SRIS, P.C. has 33 total documented case results across all practice areas in Botetourt County, with a 100% favorable outcome rate. These results include reduced charges in traffic matters and favorable resolutions in family law cases.
Results may vary. Prior results do not guarantee a similar outcome.
Our Botetourt County Location
Our Shenandoah/Woodstock Location serves clients at Botetourt County courts (20 E. Back Street). We are accessible via I-81, I-64, Route 11, and Route 220. If you need a Fault Based Divorce Lawyer Botetourt County near Fincastle, Daleville, Troutville, Blue Ridge, or Eagle Rock, we are here to help.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock Location
505 N Main St, Suite 103, Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Fault-Based Divorce in Botetourt County
How long does a fault-based divorce take in Botetourt County?
Yes, fault-based divorce can be faster than no-fault because no separation period is required. Contested fault divorce: 9-18 months; uncontested with agreement: 2-4 months from filing.
What evidence do I need for adultery in Botetourt County?
It depends. Corroborating evidence is required — not just your testimony. This can include hotel receipts, credit card statements, text messages, photographs, or witness testimony. A Fault Based Divorce Lawyer Botetourt County can help gather admissible evidence.
Can I get spousal support if I file for fault-based divorce?
It depends. Adultery can bar spousal support in some cases. Other fault grounds like cruelty or desertion may affect the amount but do not automatically bar support. The court considers 13 factors under Va. Code § 20-107.1.
Is Virginia a community property state for fault divorce?
No. Virginia is an equitable distribution state. The court divides marital property fairly but not necessarily 50/50. Fault can be considered as a factor in property division under Va. Code § 20-107.3, personally amended by Mr. Sris.
What is the filing fee for a fault divorce in Botetourt County?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs about $12. Private process server: $50-$100. Pendente lite motion: additional court costs.
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.