A Fault Based Divorce Lawyer Henrico County handles adultery, cruelty, and desertion claims under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 21 documented results in Henrico County. Mr. Sris personally amended Virginia’s equitable distribution statute. Consultation by appointment.
Last verified: April 2026 | Henrico County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law recognizes specific fault grounds for divorce lawyer Henrico County clients can pursue. Under Va. Code § 20-91, fault-based divorce requires proving one of four grounds: adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (abandonment for one year), or felony conviction (imprisonment for one year or more). Unlike no-fault divorce, fault grounds do not require a separation period. The Henrico County Circuit Court has exclusive jurisdiction over all divorce matters. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in fault and no-fault divorces. An at-fault divorce lawyer Henrico County can help you gather corroborating evidence and present your case effectively.
Fault-based divorce under Va. Code § 20-91 requires specific proof. Adultery demands direct or circumstantial evidence of a romantic relationship and opportunity. Cruelty requires showing a pattern of behavior creating reasonable fear. Desertion needs proof of one year of continuous abandonment without consent. Felony conviction requires a sentence of one year or more. Each ground has distinct evidentiary standards that a Fault Based Divorce Lawyer Henrico County can explain during your consultation.
Review the official statutes: Va. Code § 20-91 (divorce grounds) and Va. Code § 20-107.3 (equitable distribution). The Henrico County General District Court website provides local procedural information. These government sources contain the complete legal framework for fault-based divorce in Virginia.
Henrico County Circuit Court requires a corroborating witness for all fault-based divorce hearings. This witness must have personal knowledge of the facts supporting your fault ground. The court at 4301 East Parham Road schedules fault divorce hearings separately from uncontested matters.
- File a complaint at Henrico County Circuit Court listing your specific fault ground under Va. Code § 20-91.
- Serve the complaint on your spouse through sheriff service ($12) or private process server ($50-$100).
- Attend the pendente lite hearing (typically 21-60 days after filing) for temporary support and custody orders.
- Participate in discovery, including depositions and document requests for financial records or evidence of fault.
- Attend mediation or settlement conference to explore resolution before trial.
- Present your case at the final hearing with corroborating witness testimony and documentary evidence.
In Henrico County, fault-based divorce under Va. Code § 20-91 carries no criminal penalties but affects property division, spousal support, and attorney fee awards.
| Fault Ground | Classification | Separation Required | Impact on Property Division | Impact on Spousal Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Court may award more marital property to innocent spouse | Bar to spousal support for adulterous spouse | May affect custody if child exposed to affair |
| Cruelty | Fault ground | None | Court considers fault in equitable distribution | May increase support for victim spouse | Protective orders possible |
| Desertion | Fault ground | 1 year continuous | Court may penalize deserting spouse | May affect support amount | Abandonment of minor children may affect custody |
| Felony Conviction | Fault ground | 1+ year imprisonment | Court considers incarceration in property division | May be modified due to incarceration | May affect child custody and visitation |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. 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, the equitable distribution statute that governs property division in all Virginia divorces, including fault-based cases. This legislative achievement demonstrates deep understanding of Virginia family law. The firm’s tagline is “Advocacy Without Borders.”
Law Offices Of SRIS, P.C. has 21 total documented case results across all practice areas in Henrico 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. These results include reduced charges, dismissals, and favorable settlements in family law and related matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location is approximately 15 minutes from Henrico County Circuit Court at 4301 East Parham Road, accessible via I-64, I-95, and Route 250 (Broad Street).
Looking for a fault based divorce lawyer near Henrico County? We serve Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville (partial).
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
How long does a fault-based divorce take in Henrico County?
It depends. An uncontested fault divorce with signed agreement takes 2-4 months. A contested fault divorce with trial takes 9-18 months. Complex cases with business valuation or retirement assets take 12-24 months. Pendente lite hearings typically occur within 21-60 days of filing.
Can I get a divorce for adultery in Henrico County without waiting?
Yes. Adultery under Va. Code § 20-91 has no waiting period. You can file immediately after discovering the adultery. You need corroborating evidence such as witness testimony, hotel receipts, or text messages. The court requires proof beyond a reasonable doubt.
Is Virginia a community property state for fault divorces?
No. Virginia is an equitable distribution state. The court divides marital property fairly but not necessarily 50/50. Under Va. Code § 20-107.3 (personally amended by Mr. Sris), the court considers 11 factors including fault. Separate property is excluded from division.
How much does a fault-based divorce cost in Henrico County?
Circuit Court filing fee for divorce complaint is approximately $86. Sheriff service of process costs $12. Private process server costs $50-$100. Guardian ad Litem for custody costs $500-$2,500+. Mediation costs $100-$300 per hour per party. Attorney fees vary by case complexity.
What evidence do I need for a cruelty divorce in Henrico County?
You need evidence showing reasonable apprehension of bodily harm. This includes police reports, medical records, photographs of injuries, text messages, emails, and witness testimony. The court requires corroborating evidence from someone other than you. A pattern of behavior is more persuasive than a single incident.
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.