In Fairfax County, a Fault Based Divorce Lawyer Fairfax can file under Va. Code § 20-91 for adultery, cruelty, or desertion with no waiting period required. Law Offices Of SRIS, P.C. has 1,789 documented case results in Fairfax County. Mr. Sris personally amended Va. Code § 20-107.3. Consultation by appointment.
Virginia Fault Divorce Grounds Under Va. Code § 20-91
Virginia law provides specific fault grounds for divorce lawyer Fairfax clients can use under Va. Code § 20-91. These include adultery (no separation period), cruelty (reasonable apprehension of bodily harm), desertion (one year), and felony conviction (one year imprisonment). Unlike no-fault divorce requiring a 6-month or 1-year separation, fault-based divorce allows immediate filing. Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, has handled these cases for over 25 years.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Review the official statute at Va. Code § 20-91 (official Virginia General Assembly) and the Fairfax County General District Court website for procedural rules.
Insider Procedural Edge: Filing Fault Divorce in Fairfax County
Fairfax County Circuit Court handles all fault-based divorce filings at 4110 Chain Bridge Road. You must provide corroborating witness testimony for fault grounds — your testimony alone is insufficient.
Prosecutors in Fairfax County scrutinize adultery claims heavily. They require proof beyond a reasonable doubt, not just circumstantial evidence.
- Gather evidence of fault grounds (texts, photos, financial records).
- Identify a corroborating witness who can testify to the grounds.
- File a complaint for divorce at Fairfax County Circuit Court.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend the pendente lite hearing for temporary support if needed.
- Proceed to final hearing with your corroborating witness present.
In Fairfax County, fault-based divorce grounds carry no criminal penalties but affect property division, spousal support, and attorney fee awards under Va. Code § 20-107.3.
| Ground | Separation Required | Impact on Equitable Distribution | Spousal Support Impact | Attorney Fees | Burden of Proof |
|---|---|---|---|---|---|
| Adultery | None | Bar to spousal support for adulterous spouse | May bar spousal support entirely | Court may award fees against adulterous spouse | Clear and convincing evidence |
| Cruelty | None | Court considers fault in division | May increase support for innocent spouse | Possible fee award | Preponderance of evidence |
| Desertion | 1 year continuous | Fault considered | May affect support | Possible fee award | Preponderance of evidence |
| Felony Conviction | 1 year imprisonment | Fault considered | May affect support | Possible fee award | Certified conviction record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Law Offices Of SRIS, P.C. Handles Fairfax 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 credential no other Fairfax family law firm holds. Our team includes Samantha Rae Powers, who holds a Ph.D. in Communication and over 18 years of legal experience. Firm-wide, we have 4,739+ documented case results with a 93%+ favorable outcome rate.
Mr. Sris, firm founder and former prosecutor, provides secondary oversight on all Fairfax family law cases. He personally amended Va. Code § 20-107.3 and has practiced family law since 1997.
Fairfax County Family Law Case Results
Law Offices Of SRIS, P.C. has 1,789 total documented case results across all practice areas in Fairfax County, with a 97% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC, we have 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Fairfax Fault Based Divorce Lawyer Near You
Our Fairfax location is minutes from the Fairfax County Circuit Court at 4110 Chain Bridge Road, accessible via I-66 and Route 50. We serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Fault Based Divorce Lawyer Fairfax near Fairfax County Courthouse — we handle adultery, cruelty, and desertion cases.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions About Fault Divorce in Fairfax County
What are the fault grounds for divorce in Virginia?
Yes. Virginia recognizes adultery, cruelty, desertion for one year, and felony conviction with one year imprisonment as fault grounds under Va. Code § 20-91.
No separation period is required for adultery or cruelty. Desertion requires one year of continuous separation. Felony conviction requires one year of imprisonment. An at-fault divorce lawyer Fairfax can help you choose the right ground for your situation.
How long does a fault divorce take in Fairfax County?
It depends. Uncontested fault divorce with signed agreement: 2-4 months. Contested fault divorce: 9-18 months. Complex cases with business valuation: 12-24 months.
Fault grounds allow immediate filing without the 6-month or 1-year separation required for no-fault divorce. Pendente lite hearings for temporary support are typically set within 21-60 days of motion.
Does adultery affect property division in Virginia?
Yes. Adultery can bar spousal support for the adulterous spouse and may affect equitable distribution under Va. Code § 20-107.3, which Mr. Sris personally amended.
The court considers fault in dividing marital property. The innocent spouse may receive a larger share. Adultery does not affect child custody or child support.
What evidence do I need for a fault divorce in Fairfax County?
It depends. For adultery: texts, photos, hotel receipts, or witness testimony. For cruelty: medical records, police reports, photos of injuries. For desertion: proof of one year continuous separation.
Virginia requires corroborating witness testimony for all fault grounds. Your testimony alone is insufficient. A fault grounds for divorce lawyer Fairfax can help you gather admissible evidence.
Can I file for fault divorce without a separation agreement?
Yes. Fault grounds do not require a separation agreement. You can file immediately for adultery or cruelty. Desertion requires one year of continuous separation.
However, a signed property settlement agreement can simplify the process and reduce court costs. Mediation is available but not mandatory in Virginia.
How much does a fault divorce cost in Fairfax County?
Circuit Court filing fee: approximately $86. Sheriff service: $12. Private process server: $50-$100. Guardian ad Litem: $500-$2,500+. Mediation: $100-$300/hour per party.
Attorney fees vary based on complexity. Contested fault divorces with extensive discovery cost more than uncontested cases. Fee awards may be available against the at-fault spouse.
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.