In Prince William County, Virginia, fault-based divorce grounds under Va. Code § 20-91 include adultery, cruelty, and desertion. A Fault Based Divorce Lawyer Prince William County from Law Offices Of SRIS, P.C. can help you pursue these claims. We have 297 documented case results across all practice areas in this jurisdiction. Consultation by appointment.
Last verified: April 2026 | Prince William County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law provides specific fault grounds for divorce under Va. Code § 20-91. These grounds allow you to file for divorce without waiting for a separation period. A Fault Based Divorce Lawyer Prince William County can explain how these laws apply to your situation. The statute covers adultery, cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. Each ground has specific proof requirements that your attorney must meet in Prince William County Circuit Court.
Review the official statute at Va. Code § 20-91 (official Virginia General Assembly). Court procedures are outlined at the Prince William County General District Court website.
In Prince William County Circuit Court, fault-based divorce cases require corroborating evidence. The court expects you to present a witness who can confirm the grounds you allege. This differs from no-fault divorces where a signed separation agreement suffices.
- Identify which fault ground applies to your marriage — adultery, cruelty, desertion, or felony conviction.
- Gather corroborating evidence and identify witnesses who can testify to the fault grounds.
- File a complaint for divorce at Prince William County Circuit Court, 9311 Lee Avenue, Manassas, VA 20110.
- Serve the divorce papers on your spouse through sheriff service or private process server.
- Attend the pendente lite hearing if you need temporary support or custody during the case.
- Present your evidence at trial or negotiate a settlement based on the strength of your fault grounds.
In Prince William County, fault-based divorce does not carry criminal penalties but affects property division, spousal support, and attorney fee awards under Virginia equitable distribution law.
| Ground | Classification | Waiting Period | Evidence Required | Impact on Divorce | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Direct or circumstantial evidence | May affect spousal support and property division | No-fault separation period waived |
| Cruelty | Fault ground | None | Proof of reasonable apprehension of bodily harm | May affect custody and support | Protective order possible |
| Desertion | Fault ground | 1 year | Proof of abandonment without consent | May affect property division | Must show intent to desert |
| Felony conviction | Fault ground | 1 year imprisonment | Certified conviction records | May affect all divorce terms | No separation period required |
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 firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, which directly impacts fault-based divorce cases in Prince William County. Our Fault Based Divorce Lawyer Prince William County team includes Samantha Rae Powers, who brings 18+ years of family law experience to your case.
Law Offices Of SRIS, P.C. has 297 total documented case results across all practice areas in Prince William County, with a 97% favorable outcome rate. These results include divorce, custody, and family law matters. Mr. Sris also serves as a secondary attorney on Prince William County family law cases, bringing his 120+ years of combined firm experience and personal amendment of Va. Code § 20-107.3.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location serves clients at Prince William County courts (9311 Lee Avenue). We are accessible via major highways in Northern Virginia.
Looking for a fault based divorce lawyer near Prince William County? We serve Manassas, Woodbridge, Dale City, Dumfries, Gainesville, Haymarket, Lake Ridge, and Occoquan.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Q: What are the fault grounds for divorce in Virginia?
Yes. Virginia recognizes four fault grounds: adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion for one year, and felony conviction with one year imprisonment. These grounds allow immediate filing without the 6-month or 1-year separation period required for no-fault divorce.
Q: How long does a fault-based divorce take in Prince William County?
It depends. An uncontested fault divorce with signed agreement takes 2-4 months from filing. A contested fault divorce with trial takes 9-18 months. Complex cases involving business valuation or retirement assets take 12-24 months. Pendente lite hearings for temporary support occur within 21-60 days.
Q: How much does a fault-based divorce cost in Prince William County?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs about $12. Private process server fees range from $50-$100. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour per party).
Q: Is Virginia a community property state for divorce?
No. Virginia is an equitable distribution state. The court divides marital property fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3, which Mr. Sris personally amended. Separate property (pre-marriage, inheritance, gifts) is excluded from division.
Q: How is child custody decided in a fault-based divorce in Prince William County?
Custody is based on the best interests of the child under Va. Code § 20-124.3. The court considers 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Prince William County J&DR Court handles standalone custody cases.
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Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.