Fault Based Divorce Lawyer Hanover County — What Are Your Legal Options?
A Fault Based Divorce Lawyer Hanover County handles adultery, cruelty, and desertion cases under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 19 documented results in Hanover County. Mr. Sris personally amended Va. Code § 20-107.3. You do not need a separation period for adultery-based divorce.
Last verified: April 2026 | Hanover County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law under Va. Code § 20-91 provides specific fault grounds for divorce. These include adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion (abandonment for one year), and felony conviction (imprisonment for one year or more). An at-fault divorce lawyer Hanover County can help you prove these grounds in court. Unlike no-fault divorce, fault-based divorce does not require a separation period for adultery cases. The court considers fault when dividing marital property and awarding spousal support under Va. Code § 20-107.3, which Mr. Sris personally amended. Hanover County Circuit Court at 7507 Library Drive handles all contested fault-based divorce filings.
For the complete statutory framework, review Va. Code § 20-91 (divorce grounds) on the Virginia General Assembly website. For court procedures, visit the Hanover County General District Court official website.
Hanover County Circuit Court requires specific evidence for fault grounds. Adultery cases need direct or circumstantial proof of opportunity and inclination. Cruelty cases require documented incidents of physical or mental abuse. Desertion cases need proof of one year of continuous abandonment. The court applies strict evidentiary standards for each fault ground.
- Step 1: Consult with a Fault Based Divorce Lawyer Hanover County to evaluate your evidence for fault grounds.
- Step 2: Gather documentation — text messages, emails, financial records, witness statements, or private investigator reports.
- Step 3: File a complaint for divorce at Hanover County Circuit Court specifying the fault ground and supporting facts.
- Step 4: Serve the complaint on your spouse through sheriff service ($12) or private process server ($50-$100).
- Step 5: Attend the pendente lite hearing (21-60 days) for temporary support, custody, and exclusive use of the marital home.
- Step 6: Proceed to trial or settlement conference — fault grounds can affect equitable distribution and spousal support awards.
In Hanover County, fault-based divorce carries no criminal penalties but affects property division, spousal support, and attorney fee awards under Va. Code § 20-107.3.
| Issue | Classification | Impact on Divorce | Financial Consequence | Timeline Effect | Additional Considerations |
|---|---|---|---|---|---|
| Adultery | Fault ground | No waiting period required | Bar to spousal support for adulterous spouse | Fastest path to divorce | Requires clear and convincing evidence |
| Cruelty | Fault ground | Reasonable apprehension of bodily harm | May increase spousal support award | No waiting period | Documented incidents required |
| Desertion | Fault ground | One year continuous abandonment | May affect property division | One year waiting period | Must prove intent to abandon |
| Felony Conviction | Fault ground | One year imprisonment minimum | May affect child custody | During incarceration | Must be felony, not misdemeanor |
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 VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a unique credential that no other family law firm in Hanover County can claim. The firm maintains a 93%+ favorable outcome rate across all practice areas. Our Fault Based Divorce Lawyer Hanover County team brings this depth of experience to every fault-based divorce case.
Mr. Sris, Owner & CEO and Managing Attorney, also handles complex family law matters in Hanover County. He is a former prosecutor who founded the firm in 1997 and personally amended Va. Code § 20-107.3. He is admitted to practice in VA, MD, DC, NJ, and NY.
Law Offices Of SRIS, P.C. has 19 total documented case results across all practice areas in Hanover County with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC. These results include dismissals, reductions, and favorable settlements in family law matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location is approximately 20 minutes from Hanover County Circuit Court at 7507 Library Drive, accessible via I-95 and I-295. If you need a Fault Based Divorce Lawyer Hanover County near Mechanicsville or Ashland, we serve clients throughout Hanover County including Mechanicsville, Ashland, Atlee, Beaverdam, and Doswell.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
By appointment only.
How long does a fault-based divorce take in Hanover County?
It depends. Adultery cases with no contest can finalize in 2-4 months. Contested fault divorces take 9-18 months. Pendente lite hearings for temporary orders occur within 21-60 days of filing.
Can I get a divorce without separation if my spouse committed adultery?
Yes. Adultery is a fault ground under Va. Code § 20-91 that requires no waiting period. You must prove the adultery with clear and convincing evidence of opportunity and inclination.
How much does a fault-based divorce cost in Hanover County?
The Circuit Court filing fee is approximately $86. Sheriff service costs $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.
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, including fault in the marriage breakdown.
How is child custody decided in a fault-based divorce in Hanover 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 and the child’s relationship with each parent. Fault in the marriage does not automatically affect custody.
What evidence do I need for a cruelty-based divorce in Hanover County?
You need documented incidents of physical or mental abuse that create a reasonable apprehension of bodily harm. Medical records, police reports, photographs, and witness statements all serve as evidence. The standard is reasonable fear, not necessarily physical injury.
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.
Virginia Family Law Lawyer | Henrico County Family Law Lawyer | Chesterfield County Family Law Lawyer | Hanover County Criminal Defense Lawyer | Hanover County DUI Lawyer