Fault Based Divorce Lawyer Colonial Heights — What Are Your Legal Grounds?
A Fault Based Divorce Lawyer Colonial Heights handles adultery, cruelty, desertion, and felony conviction grounds under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 4 documented case results in Colonial Heights courts. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. Consultation by appointment.
Last verified: April 2026 | Colonial Heights 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 divorce allows you to file immediately upon proving the ground. The recognized fault grounds include adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (abandonment for one year), and felony conviction (imprisonment for one year or more). A Fault Based Divorce Lawyer Colonial Heights helps you gather evidence, file the complaint at Colonial Heights Circuit Court, and present your case to the judge. The court considers fault when dividing marital property under Va. Code § 20-107.3, which Mr. Sris personally amended. This statute gives the court discretion to award a greater share of marital assets to the innocent spouse. Your lawyer must prove the fault ground by a preponderance of the evidence — meaning it is more likely than not that the fault occurred. An at-fault divorce lawyer Colonial Heights can explain how each ground applies to your specific situation and what evidence the court requires.
For fault-based divorce specifically, the controlling statute is Va. Code § 20-91(1) through (9), which lists each fault ground separately. Adultery under § 20-91(1) requires proof of both opportunity and inclination. Cruelty under § 20-91(6) requires evidence of physical or mental abuse that makes continued cohabitation unsafe. Desertion under § 20-91(2) requires proof that one spouse left without justification and stayed away for one year. A Fault Based Divorce Lawyer Colonial Heights must match your facts to the correct statutory ground and prepare the corroborating witness testimony Virginia requires for all divorce hearings.
- Va. Code § 20-91 (divorce grounds) — official Virginia General Assembly
- Colonial Heights General District Court — official court website
- Identify the fault ground. Review your marriage history with your Fault Based Divorce Lawyer Colonial Heights to determine which ground applies — adultery, cruelty, desertion, or felony conviction.
- Gather evidence. Collect text messages, emails, photographs, financial records, or witness statements that prove the fault ground. Adultery cases often require private investigator reports or hotel receipts.
- Find a corroborating witness. Identify someone who can testify about the fault from their own knowledge — a family member who saw the abuse, a friend who witnessed the desertion, or a coworker who observed the affair.
- File the complaint. Your lawyer files the divorce complaint at Colonial Heights Circuit Court, 550 Boulevard, Colonial Heights, VA 23834. The filing fee is approximately $86.
- Serve your spouse. The sheriff or a private process server delivers the complaint. Service costs $12 (sheriff) to $100 (private server). Your spouse has 21 days to respond.
- Attend the hearing. Present your evidence and corroborating witness testimony. The judge issues a final divorce decree if the fault ground is proven.
In Colonial Heights, fault-based divorce under Va. Code § 20-91 carries no criminal penalty but affects property division, spousal support, and attorney fee awards.
| Fault Ground | Statute | Waiting Period | Evidence Required | Impact on Property Division | Impact on Spousal Support |
|---|---|---|---|---|---|
| Adultery | § 20-91(1) | None | Opportunity + inclination (circumstantial or direct) | Court may award larger share to innocent spouse | Adulterous spouse may lose support |
| Cruelty | § 20-91(6) | None | Physical or mental abuse making cohabitation unsafe | Court considers fault in equitable distribution | Victim spouse may receive support |
| Desertion | § 20-91(2) | 1 year | Abandonment without justification | Court considers fault in equitable distribution | Deserted spouse may receive support |
| Felony Conviction | § 20-91(3) | None (1+ year imprisonment) | Certified conviction record | Court considers fault in equitable distribution | Incarcerated spouse unlikely to receive support |
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 attorney experience and 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a unique credential that no other family law firm in Colonial Heights can claim. This amendment gives the court broader discretion to divide marital property fairly, especially in fault-based divorce cases where one spouse’s misconduct affected the marriage. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris — Owner & CEO, Managing Attorney. Former prosecutor. Founded firm 1997. Personally amended Va. Code § 20-107.3. Bar admissions: VA, MD, DC, NJ, NY. Mr. Sris provides strategic oversight on all Colonial Heights family law cases.
Law Offices Of SRIS, P.C. has 4 total documented case results across all practice areas in Colonial Heights courts, with a 100% favorable outcome rate. These results include dismissals and reductions in traffic and reckless driving cases. For family law specifically, the firm has achieved favorable outcomes in divorce, custody, and support matters throughout the Richmond metropolitan area.
Results may vary. Prior results do not guarantee a similar outcome.
Distance: Our Richmond location serves clients at Colonial Heights courts (550 Boulevard).
Near-me: Fault Based Divorce Lawyer near Colonial Heights — serving the entire Tri-Cities area.
Neighborhoods served: Colonial Heights.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
NAP: Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
How long does a fault-based divorce take in Colonial Heights?
It depends. Adultery and cruelty cases can proceed immediately after filing, with final decrees in 2-4 months for uncontested cases. Contested fault divorces take 9-18 months due to discovery and trial scheduling at Colonial Heights Circuit Court.
Can I get a divorce for adultery in Colonial Heights without a separation period?
Yes. Adultery under Va. Code § 20-91(1) has no waiting period. You can file immediately if you have proof of both opportunity and inclination. Your Fault Based Divorce Lawyer Colonial Heights will help you gather the necessary evidence.
What evidence do I need to prove cruelty in a Colonial Heights divorce?
You need evidence of physical or mental abuse that makes continued cohabitation unsafe. This includes medical records, police reports, photographs, text messages, and witness testimony. A corroborating witness with personal knowledge is required.
Does fault affect property division in Colonial Heights?
Yes. Under Va. Code § 20-107.3 (personally amended by Mr. Sris), the court considers fault when dividing marital property. The innocent spouse may receive a larger share of assets, retirement accounts, and real estate.
How much does a fault-based divorce cost in Colonial Heights?
The Circuit Court filing fee is approximately $86. Sheriff service costs $12; private process server costs $50-$100. Guardian ad Litem fees for custody range from $500-$2,500+. Mediation costs $100-$300 per hour per party.
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. Fault is one of 11 factors the court considers under Va. Code § 20-107.3.
- Virginia Divorce & Family Lawyer
- Henrico County Divorce Lawyer
- Chesterfield County Divorce Lawyer
- Colonial Heights Criminal Defense Lawyer
- Colonial Heights DUI Lawyer
- Bryan Block — Former VA State Trooper
- Richmond Office Location
Last verified: April 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.