Fault Based Divorce Lawyer New Kent County, VA
Fault based divorce in New Kent County, Virginia involves proving that your spouse committed marital misconduct—such as adultery, cruelty, or desertion—as the legal ground to end the marriage. Unlike a no-fault separation, a fault finding can affect property division, spousal support, and the timeline of the case. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel team represent individuals pursuing fault grounds in the New Kent County Circuit Court, located at 12001 Courthouse Circle. Our Richmond Location routinely handles family law matters in New Kent County, including contested divorces where fault must be established by clear and convincing evidence. With over 120 years of combined legal experience and 4,739+ documented firm-wide results, Mr. Sris and his Of Counsel bring an analytical, litigation-ready approach to every fault divorce. Results may vary. For a consultation about your situation, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Fault Based Divorce Means in New Kent County, Virginia
Virginia law recognizes specific fault grounds for divorce under Va. Code § 20-91. These grounds include adultery, cruelty or reasonable apprehension of bodily harm, willful desertion or abandonment for one year, and conviction of a felony resulting in imprisonment for more than one year. Proving fault does not eliminate the state’s six-month residency requirement or the need for a corroborating witness, but it can eliminate the separation waiting period required for no-fault divorce. In New Kent County, the Circuit Court has exclusive jurisdiction over the divorce itself, while the Juvenile and Domestic Relations District Court handles temporary custody, support, and protective orders.
When a spouse is found at fault, the court may consider the misconduct when dividing marital assets under Virginia’s equitable distribution statute. The statute directs judges to weigh factors including the circumstances that contributed to the dissolution of the marriage. A fault finding—especially adultery—can affect spousal support eligibility. The Circuit Court filing fee for a divorce complaint is approximately $86; additional costs for service of process, mediation, and guardian ad litem appointments may apply depending on the case. Cases are filed at the New Kent County Circuit Court, 12001 Courthouse Circle, New Kent, VA 23124.
How Mr. Sris and His Of Counsel Handle Fault Based Divorce Cases
Mr. Sris and his Of Counsel begin by evaluating the evidence supporting the fault ground. This may include witness testimony, electronic records, financial documents, or admissions. Because fault must be proved by clear and convincing evidence, the team works to identify corroborating sources and assesses whether the alleged misconduct can be established at trial. In many fault based divorces, the filing of a Complaint in the New Kent County Circuit Court is accompanied by a request for temporary relief—such as exclusive use of the marital home, pendente lite spousal support, or temporary custody—under Va. Code § 20-103.
Once the case is filed, the attorneys engage in discovery, including interrogatories, requests for production of documents, and depositions when necessary. Mr. Sris, a former prosecutor, draws on extensive trial experience to prepare for contested hearings. Settlement negotiations are conducted simultaneously, but the team prepares every case as if it will go to trial. If the parties reach a separation agreement resolving all issues, the divorce can proceed on a no-fault basis to avoid a protracted trial. Throughout the process, Mr. Sris and his Of Counsel keep clients informed of procedural developments and strategic options.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings firsthand courtroom experience to family law litigation. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His practice includes fault based divorce, equitable distribution, and complex custody matters throughout Virginia, including New Kent County.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary. The team’s approach is anchored in thorough preparation and a clear understanding of Virginia equitable distribution and fault grounds. For clients in New Kent County, the firm’s Richmond Location provides convenient access to the New Kent County Circuit Court and J&DR District Court.
Frequently Asked Questions
What is a fault based divorce in Virginia?
A fault based divorce is one where the court grants a divorce because one spouse committed marital misconduct. Under Va. Code § 20-91, the recognized fault grounds are adultery, cruelty or reasonable apprehension of bodily harm, willful desertion or abandonment for one year, and conviction of a felony with imprisonment of more than one year. Proving fault can shorten the separation period required for a no-fault divorce and may influence property division and spousal support. A fault divorce is litigated in the Circuit Court; the New Kent County Circuit Court hears all divorce matters.
What are the grounds for a fault divorce in New Kent County?
The grounds for a fault divorce in New Kent County are adultery, cruelty, desertion, and felony conviction. Adultery requires proof of voluntary sexual intercourse with a person outside the marriage and is the ground with the most significant potential impact on spousal support. Cruelty involves conduct that endangers life, limb, or health, or creates a reasonable apprehension of such harm. Desertion requires one spouse to have willfully left the marital home with intent to abandon for one year. A felony conviction must result in a sentence of more than one year of imprisonment. Each ground must be established by clear and convincing evidence.
How does the divorce process work in New Kent County?
The divorce process begins with filing a Complaint in the New Kent County Circuit Court and serving the other spouse. The court may enter temporary orders for custody, support, and use of the marital home under Va. Code § 20-103. Discovery follows, during which each party may request documents and take depositions. If the case does not settle, the court schedules a trial where the fault ground must be proved. The Circuit Court at 12001 Courthouse Circle addresses the divorce, equitable distribution, and spousal support, while the Juvenile and Domestic Relations Court handles standalone custody, support, and protective orders.
Do I need a lawyer for a fault based divorce in New Kent County?
While you are not legally required to hire a lawyer, a fault based divorce involves complex rules of evidence and high stakes. Proving adultery, cruelty, or desertion requires admissible testimony and corroborating evidence; procedural missteps can jeopardize your case. An experienced family law attorney can evaluate whether the evidence supports a fault claim, file the necessary pleadings, and advocate at trial. For guidance on your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How long does a fault divorce take in Virginia?
Fault based divorce timelines vary: uncontested cases may resolve in 2-6 months after filing, while contested divorces can take 9-18 months or longer. If the fault allegations are disputed and the case goes to trial, discovery and court scheduling extend the timeline. Temporary relief hearings can be set within weeks of filing. The specific duration depends on the complexity of the marital estate, the availability of witnesses, and the New Kent County Circuit Court’s docket. For a consultation about your timeline, reach our firm at (888) 437-7747.
Can I obtain a fault divorce if my spouse lives in another state?
Yes, Virginia can grant a fault divorce if you meet the six-month residency requirement even when your spouse resides out of state. Service of process on an out-of-state spouse must comply with the Virginia long-arm statute and applicable rules. The court must acquire personal jurisdiction over the out-of-state spouse for property division and support orders. If your spouse cannot be located, service by publication may be available. Mr. Sris and his Of Counsel can advise on jurisdictional requirements and ensure proper service. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for case-specific guidance.
Virginia Code Title 20 (Divorce) · Virginia Courts
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