A Fault Based Divorce Lawyer Fauquier County handles divorces under Va. Code § 20-91 for adultery, cruelty, or desertion. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County. Mr. Sris personally amended Va. Code § 20-107.3. Consultation by appointment.
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Statutory Definition of Fault Grounds for Divorce in Virginia
Virginia law provides specific fault grounds for divorce under Va. Code § 20-91. These include adultery (no waiting period), cruelty (reasonable apprehension of bodily hurt), desertion (one year), and felony conviction (one year or more imprisonment). A Fault Based Divorce Lawyer Fauquier County can help you prove these grounds in court. Unlike no-fault divorce, fault-based divorce does not require a separation period for adultery. The burden of proof falls on the spouse alleging fault. Mr. Sris, founder of Law Offices Of SRIS, P.C. since 1997, brings former prosecutor experience to these cases.
For sub-topic differentiation: A fault-based divorce in Virginia requires clear and convincing evidence of the alleged misconduct. Adultery requires proof of both opportunity and inclination. Cruelty requires a pattern of behavior creating reasonable fear. Desertion requires one year of willful abandonment. The at-fault divorce lawyer Fauquier County must present corroborating evidence at the Fauquier County Circuit Court hearing.
External Citation Links
Review the official Va. Code § 20-91 (divorce grounds) (official Virginia General Assembly) for complete statutory language. The Fauquier County General District Court website provides local court information and forms.
Insider Procedural Edge: Fauquier County Fault Divorce Process
Fauquier County Circuit Court requires a corroborating witness for fault-based divorce hearings. The court schedules pendente lite hearings within 21-60 days of motion filing. Forensic accountants are common in complex equitable distribution cases involving business assets.
- File a complaint for divorce at Fauquier County Circuit Court, 6 Court Street, Warrenton, VA 20186.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend pendente lite hearing for temporary support and custody orders.
- Complete discovery including financial affidavits and document production.
- Participate in mediation or settlement negotiations.
- Present corroborating evidence at final hearing or submit agreed order.
In Fauquier County, fault-based divorce carries no mandatory separation period for adultery, but requires corroborating evidence at Fauquier County Circuit Court.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | None | None | May affect spousal support |
| Cruelty | Fault ground | None | None | None | May affect custody |
| Desertion | Fault ground | None | None | None | 1-year waiting period |
Results may vary. Prior results do not guarantee a similar outcome.
E-E-A-T Authority Block
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 with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, as secondary attorney, brings former prosecutor experience and personally amended Va. Code § 20-107.3. He founded the firm in 1997 and is admitted in VA, MD, DC, NJ, and NY.
Case Results
Law Offices Of SRIS, P.C. has 73 total documented case results across all practice areas in Fauquier County with a 97% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC: 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Local Pack Trigger Block
Our Fairfax location serves clients at Fauquier County courts (6 Court Street), accessible via I-66, Route 29, Route 17, Route 28, and Route 211. Find a Fault Based Divorce Lawyer Fauquier County near Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
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
Q: Can I file for fault-based divorce in Fauquier County without a separation period?
Yes. Adultery has no waiting period under Va. Code § 20-91. Cruelty requires proof of reasonable apprehension. Desertion requires one year of willful abandonment. A Fault Based Divorce Lawyer Fauquier County can advise on your specific grounds.
Q: How long does a fault-based divorce take in Fauquier County?
It depends. Adultery cases can finalize in 3-6 months if uncontested. Contested fault divorces take 9-18 months. Complex equitable distribution with business valuation extends to 12-24 months. Fauquier County Circuit Court handles all fault divorces.
Q: What evidence do I need for a fault-based divorce in Fauquier County?
It depends. Adultery requires proof of opportunity and inclination. Cruelty needs documented incidents. Desertion requires one year of separation. Corroborating witnesses are mandatory at Fauquier County Circuit Court hearings.
Q: Does fault affect property division in Fauquier County?
No. Virginia is an equitable distribution state under Va. Code § 20-107.3. Fault grounds do not directly impact property division. The court considers 11 factors for fair distribution. Mr. Sris personally amended this statute.
Q: How much does a fault-based divorce cost in Fauquier County?
Circuit Court filing fee is approximately $86. Sheriff service of process costs about $12. Private process server fees range $50-$100. Guardian ad Litem for custody costs $500-$2,500+. Mediation runs $100-$300 per hour per party.
Q: Can I get spousal support in a fault-based divorce in Fauquier County?
Yes. Spousal support is determined by 13 statutory factors under Va. Code § 20-107.1. Adultery by the receiving spouse may bar support. Cruelty and desertion do not automatically prevent support awards.
Q: What court handles fault-based divorce in Fauquier County?
Fauquier County Circuit Court at 6 Court Street, Warrenton, VA 20186 handles all divorces. Fauquier County Juvenile and Domestic Relations Court handles standalone custody and child support matters separately.
Q: Is mediation required for fault-based divorce in Fauquier County?
No. Mediation is not mandatory in Virginia. However, Fauquier County Circuit Court may order mediation for contested custody or property issues. Parties can agree to private mediation at $100-$300 per hour per party.