A Fault Based Divorce Lawyer Lexington handles cases under Va. Code § 20-91 for adultery, cruelty, or desertion. Law Offices Of SRIS, P.C. has 14 documented results in Lexington. Mr. Sris personally amended Va. Code § 20-107.3. Consultation by appointment.
Fault Grounds for Divorce in Virginia — Statutory Definition
Virginia law provides specific fault grounds for divorce under Va. Code § 20-91. Unlike no-fault divorce requiring separation, fault-based divorce allows immediate filing when one spouse proves the other committed adultery, cruelty (reasonable apprehension of bodily harm), desertion for one year, or felony conviction with one year of imprisonment. The Lexington Circuit Court at 2 South Main Street handles all fault-based divorce filings. Mr. Sris, founder of Law Offices Of SRIS, P.C. since 1997 and former prosecutor, personally amended the equitable distribution statute (Va. Code § 20-107.3) which governs property division in fault and no-fault divorces alike.
Last verified: April 2026 | Lexington General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For the complete statutory framework, review Va. Code § 20-91 (official Virginia General Assembly) and the Lexington General District Court website for local procedures.
Insider Procedural Edge for Fault-Based Divorce in Lexington
In Lexington Circuit Court, proving fault grounds requires corroborating witness testimony. The court strictly applies the 11-factor equitable distribution test under Va. Code § 20-107.3.
- File a complaint for divorce at Lexington Circuit Court, 2 South Main Street, listing specific fault grounds.
- Serve the complaint on your spouse via sheriff or private process server (cost: $12-$100).
- File a pendente lite motion for temporary spousal support or custody if needed (hearing within 21-60 days).
- Attend mandatory case management conference to set discovery and trial schedule.
- Proceed to trial with corroborating witness testimony and evidence of fault.
- Obtain final decree of divorce from Lexington Circuit Court.
In Lexington, fault-based divorce under Va. Code § 20-91 carries no criminal penalty but affects property division, spousal support, and custody determinations.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | None | None | May bar spousal support; affects equitable distribution |
| Cruelty | Fault ground | None | None | None | Reasonable apprehension of bodily harm required |
| Desertion | Fault ground | None | None | None | One-year continuous desertion required |
| Felony Conviction | Fault ground | 1+ year imprisonment | None | None | Must be convicted and imprisoned for 1+ year |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Fault-Based Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. The firm has achieved 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide. 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 is a unique credential no other Lexington divorce lawyer can claim. The firm’s tagline: “Advocacy Without Borders.”
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Lexington Fault-Based Divorce Case Results
Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington, with a 100% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC, the firm has achieved 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Lexington Location and Availability
Our Richmond location serves clients at Lexington courts (2 South Main Street), accessible via I-81, I-64, Route 11, and Route 60. The Fault Based Divorce Lawyer Lexington team serves all Lexington neighborhoods including VMI and Washington and Lee University areas.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Frequently Asked Questions About Fault-Based Divorce in Lexington
How long does a fault-based divorce take in Lexington?
It depends. Adultery has no waiting period — filing to final decree takes 3-6 months. Cruelty and desertion require proving the ground, adding 6-12 months. Contested fault divorces with complex property division take 12-24 months.
Can I get a divorce for adultery in Lexington without a separation period?
Yes. Adultery under Va. Code § 20-91(1) has no waiting period. You must prove the adultery with corroborating evidence — a private investigator’s report, hotel records, or witness testimony. The Lexington Circuit Court requires corroboration.
What is the difference between fault and no-fault divorce in Virginia?
No-fault requires 6-month separation (no minor children) or 1-year separation (with minor children). Fault grounds like adultery, cruelty, or desertion allow immediate filing. Fault may affect spousal support and property division under Va. Code § 20-107.3.
How much does a fault-based divorce cost in Lexington?
Circuit Court filing fee: approximately $86. Sheriff service: $12. Private process server: $50-$100. Guardian ad Litem for custody: $500-$2,500+. Mediation: $100-$300/hour per party. Attorney fees vary based on complexity.
Is Virginia a community property state?
No. Virginia is an equitable distribution state under Va. Code § 20-107.3 (personally amended by Mr. Sris). Marital property is divided fairly but not necessarily 50/50. The court considers 11 factors including fault in the divorce.
Related Legal Resources
- Virginia Divorce Lawyer — Statewide hub page
- Henrico County Divorce Lawyer — Nearby locality
- Chesterfield County Divorce Lawyer — Nearby locality
- Criminal Defense Lawyer Lexington — Same locality, different PA
- DUI Lawyer Lexington — Same locality, different PA
Learn more about our legal team: Mr. Sris — Managing Attorney
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.