Fault Based Divorce in Arlington County, Virginia — What Are Your Legal Grounds?
A Fault Based Divorce Lawyer Arlington County handles adultery, cruelty, desertion, and felony conviction grounds under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 115 documented case results in Arlington County. Mr. Sris personally amended Va. Code § 20-107.3 (equitable distribution). Consultation by appointment.
Virginia Fault Divorce Grounds Under Va. Code § 20-91
Virginia law under Va. Code § 20-91 provides specific fault grounds for divorce. Unlike no-fault divorce requiring separation, fault grounds allow immediate filing. Adultery requires proof by clear and convincing evidence. Cruelty and reasonable apprehension of bodily harm require showing a pattern of conduct. Desertion requires one year of willful abandonment. Felony conviction requires imprisonment for one year or more. An at-fault divorce lawyer Arlington County can help you establish these grounds in court.
Last verified: April 2026 | Arlington County General District Court | Virginia General Assembly
Fault Divorce Specific Statute
Under Va. Code § 20-91(1) through (6), fault grounds include adultery, cruelty, desertion, and felony conviction. Each ground has distinct evidentiary requirements. Adultery requires proof of both opportunity and inclination. Cruelty requires showing physical or mental abuse that makes cohabitation unsafe. Desertion requires proof of willful abandonment for one continuous year. A Fault Based Divorce Lawyer Arlington County evaluates which ground applies to your situation.
Official Legal Resources
- Va. Code § 20-91 (Divorce Grounds) — Official Virginia General Assembly
- Arlington County General District Court — Official Court Website
Insider Procedural Edge for Arlington County Fault Divorce
Arlington County Circuit Court requires corroborating witnesses for fault-based divorce hearings. The court expects testimony from someone other than the spouse filing. Adultery cases often require private investigator testimony or documented evidence. Cruelty cases benefit from medical records, police reports, and witness statements.
- Gather all evidence supporting your fault ground — text messages, emails, financial records, photographs.
- Identify corroborating witnesses who can testify about the fault ground.
- File your complaint for divorce at Arlington County Circuit Court, 1425 N. Courthouse Rd.
- Serve the complaint on your spouse through sheriff or private process server.
- Attend the pendente lite hearing for temporary support and custody if needed.
- Present your fault ground evidence at the final divorce hearing.
In Arlington County, fault-based divorce under Va. Code § 20-91 carries no criminal penalty but affects property division and spousal support outcomes.
| Fault Ground | Classification | Waiting Period | Impact on Property | Impact on Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Court may award more to innocent spouse | May bar spousal support for guilty spouse | Must prove by clear and convincing evidence |
| Cruelty | Fault ground | None | Court considers fault in equitable distribution | May affect support amount | Requires pattern of conduct, not isolated incidents |
| Desertion | Fault ground | 1 year | Court considers fault | May affect support | Must show willful abandonment |
| Felony Conviction | Fault ground | 1+ year imprisonment | Court considers fault | May affect support | Requires conviction and incarceration |
Results may vary. Prior results do not guarantee a similar outcome.
Why Law Offices Of SRIS, P.C. Handles Arlington County Fault Divorce Cases
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a rare achievement that demonstrates deep understanding of Virginia family law. The firm has 4,739+ documented case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C., with a 93%+ favorable outcome rate. Our Arlington County location at 1655 Fort Myer Dr serves clients throughout Northern Virginia.
Mr. Sris, firm founder and managing attorney, brings former prosecutor experience and personal knowledge of Virginia’s equitable distribution statute to every fault divorce case in Arlington County.
Arlington County Case Results
Law Offices Of SRIS, P.C. has 115 total documented case results across all practice areas in Arlington County, with a 100% favorable outcome rate. These results include dismissals, nolle prosequi dispositions, and favorable settlements in family law matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our Arlington County Location
Our Arlington Location is minutes from Arlington County Circuit Court at 1425 N. Courthouse Rd, accessible via I-395 and Route 50. We serve Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington.
Looking for a fault grounds for divorce lawyer Arlington County? Our team handles all fault-based divorce grounds including adultery, cruelty, desertion, and felony conviction.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Frequently Asked Questions About Fault Based Divorce in Arlington County
What are the fault grounds for divorce in Virginia?
Yes. Virginia recognizes four fault grounds: adultery (no waiting period), cruelty (no waiting period), desertion (1 year), and felony conviction (1+ year imprisonment). Va. Code § 20-91 lists all grounds. An at-fault divorce lawyer Arlington County can help you file immediately on adultery or cruelty grounds.
How long does a fault-based divorce take in Arlington County?
It depends. Adultery and cruelty grounds allow immediate filing with no separation period. Contested fault divorces typically take 9-18 months. Uncontested fault divorces with signed agreement take 2-4 months from filing to final decree at Arlington County Circuit Court.
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 determining property division.
How much does a fault-based divorce cost in Arlington County?
Circuit Court filing fee for divorce complaint is approximately $86. Sheriff service of process costs approximately $12. Private process server costs $50-$100. Guardian ad Litem for custody typically costs $500-$2,500+. Mediation costs $100-$300/hour per party.
Can I get spousal support in a fault-based divorce?
It depends. Virginia courts consider fault when awarding spousal support under Va. Code § 20-107.1. Adultery by the supported spouse may bar spousal support entirely. The court evaluates 13 statutory factors including the circumstances that contributed to the dissolution.
How is child custody decided in a fault-based divorce?
Custody is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors. Fault in the marriage does not automatically determine custody. Arlington County J&DR Court handles standalone custody; Circuit Court handles custody within divorce cases.
Related Legal Services
- Virginia Family Law Lawyer
- Alexandria Family Law Lawyer
- Arlington County Criminal Defense Lawyer
- Arlington County DUI Lawyer
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.