In Chesterfield County, Virginia, fault-based divorce under Va. Code § 20-91 allows you to file immediately for adultery, cruelty, or desertion without the standard 6-month separation period. Law Offices Of SRIS, P.C. has 15 documented case results in Chesterfield County. A Fault Based Divorce Lawyer Chesterfield County can help you prove grounds and protect your rights.
Last verified: April 2026 | Chesterfield County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law recognizes four fault grounds for divorce under Va. Code § 20-91: adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (abandonment for one year), and felony conviction (imprisonment for one year or more). Unlike no-fault divorce requiring a 6-month or 1-year separation, fault-based divorce can be filed immediately upon proving the ground. An at-fault divorce lawyer Chesterfield County understands the evidentiary standards required to prove each ground in Chesterfield County Circuit Court. The court considers fault when dividing marital property under Va. Code § 20-107.3, which Mr. Sris personally amended.
- Va. Code § 20-91 (divorce grounds) — official Virginia General Assembly
- Chesterfield County General District Court — official court website
Chesterfield County Circuit Court requires corroborating witnesses for fault-based divorce hearings. The court at 9500 Courthouse Road handles all divorce filings. Proving adultery requires evidence beyond mere opportunity — the court expects direct or circumstantial proof of a romantic relationship.
- Gather evidence of the fault ground — text messages, financial records, witness statements, or investigator reports.
- File a complaint for divorce at Chesterfield County Circuit Court, 9500 Courthouse Road, Chesterfield, VA 23832.
- Serve the complaint on your spouse through sheriff or private process server.
- Attend the pendente lite hearing if temporary support or custody is needed.
- Prove the fault ground at trial with corroborating evidence and witnesses.
- Obtain a final decree of divorce with property division and support orders.
In Chesterfield County, fault-based divorce carries no criminal penalty but affects property division, spousal support, and attorney fee awards under Virginia’s equitable distribution framework.
| Ground | Classification | Waiting Period | Evidence Required | Impact on Property | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Direct or circumstantial proof of romantic relationship | Court may award more marital property to innocent spouse | Bar to spousal support for adulterous spouse |
| Cruelty | Fault ground | None | Reasonable apprehension of bodily harm | Court considers fault in equitable distribution | May affect custody if children witnessed abuse |
| Desertion | Fault ground | 1 year | Proof of abandonment without consent | Court may award more property to abandoned spouse | May affect spousal support |
| Felony Conviction | Fault ground | 1 year imprisonment | Certified conviction record | Court considers fault in property division | May affect custody and visitation |
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, DC, New Jersey, and New York. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, giving the firm unique authority in Chesterfield County divorce cases. The firm’s 93%+ favorable outcome rate reflects a commitment to aggressive, strategic representation in fault-based divorce matters.
Law Offices Of SRIS, P.C. has 15 total documented case results in Chesterfield County across all practice areas, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate across Virginia, Maryland, DC, New Jersey, and New York.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location serves clients at Chesterfield County courts (9500 Courthouse Road), accessible via I-95, I-295, Route 1, Route 10, and Route 360 (Hull Street).
Fault Based Divorce Lawyer Chesterfield County near Chesterfield Towne Center and Pocahontas State Park.
Serving: Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, Moseley.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
By appointment only.
Q: How long does a divorce take in Chesterfield County, Virginia?
It depends. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree. Contested divorce: 9-18 months. Complex equitable distribution with business valuation or retirement assets: 12-24 months. Chesterfield County Circuit Court handles all divorces.
Q: How much does a divorce cost in Chesterfield County, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Guardian ad Litem for custody: typically $500-$2,500+. Mediation: $100-$300/hour per party.
Q: Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Separate property (pre-marriage, inheritance, gifts) is excluded.
Q: How is child custody decided in Chesterfield County, Virginia?
Custody in Chesterfield County is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Chesterfield County J&DR Court handles standalone custody.
Q: What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Chesterfield County Circuit Court.
- Virginia Family Law Lawyer
- Henrico County Divorce Lawyer
- Colonial Heights Divorce Lawyer
- Chesterfield County Criminal Defense Lawyer
- Chesterfield County DUI Lawyer
- Richmond Office Location
Last verified: 2026-04. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.