Fault Based Divorce Lawyer Loudoun County — What Are Your Legal Options?
A Fault Based Divorce Lawyer Loudoun County handles cases under Va. Code § 20-91 for adultery, cruelty, or desertion. Law Offices Of SRIS, P.C. has 158 documented results in Loudoun County. You may file without a waiting period for adultery. Consultation by appointment.
Last verified: April 2026 | Loudoun County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law defines fault grounds for divorce under Va. Code § 20-91. These grounds include adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion for one year, and felony conviction with imprisonment for one year or more. A Fault Based Divorce Lawyer Loudoun County can help you prove these grounds in court. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute. This amendment affects how marital property is divided in fault-based divorces. The statute requires clear and convincing evidence for fault grounds. Your Fault Based Divorce Lawyer Loudoun County will gather evidence such as witness testimony, financial records, or communications to support your case.
For official state statutes, visit Va. Code § 20-91 (official Virginia General Assembly). For court procedures, see Loudoun County General District Court website.
- File a complaint for divorce at Loudoun County Circuit Court, 18 East Market Street, Leesburg, VA 20176.
- Serve the complaint on your spouse through sheriff or private process server.
- Attend a pendente lite hearing for temporary support and custody within 21-60 days.
- Participate in discovery, including depositions and document requests.
- Attend mediation if ordered by the court.
- Proceed to trial or final hearing with your corroborating witness.
In Loudoun County, fault-based divorce carries no criminal penalty but affects property division, spousal support, and attorney fees under Va. Code § 20-107.3.
| Ground | Waiting Period | Evidence Required | Impact on Property Division | Impact on Spousal Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | None | Clear and convincing evidence | May bar spousal support | May bar spousal support | May affect custody |
| Cruelty | None | Reasonable apprehension of bodily harm | Court considers fault | Court considers fault | Protective order possible |
| Desertion | 1 year | Abandonment with intent to desert | Court considers fault | Court considers fault | May affect custody |
| Felony Conviction | 1+ year imprisonment | Certified conviction record | Court considers fault | Court considers fault | May affect custody |
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. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute. This amendment directly affects how fault grounds impact property division in Loudoun County. The firm maintains a 93%+ favorable outcome rate across all practice areas. Our Fault Based Divorce Lawyer Loudoun County team includes attorneys with prosecutorial and judicial experience.
Law Offices Of SRIS, P.C. has 158 total documented case results across all practice areas in Loudoun County. This includes a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate. Examples include a nolle prosequi on assault charges in Loudoun County General District Court and a nolle prosequi on assault and battery in Loudoun County Juvenile and Domestic Relations District Court.
Results may vary. Prior results do not guarantee a similar outcome.
Our Ashburn location is near Loudoun County Circuit Court, accessible via major highways. We serve Ashburn, Leesburg, Sterling, Purcellville, South Riding, Brambleton, Aldie, Hamilton, Lovettsville, Middleburg, and Round Hill. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: 571-279-0110. By appointment only.
How long does a fault-based divorce take in Loudoun County?
Yes. Uncontested fault divorce with signed agreement: 2-4 months. Contested fault divorce: 9-18 months. Complex cases with business valuation: 12-24 months. Pendente lite hearing set within 21-60 days.
How much does a fault-based divorce cost in Loudoun County?
It depends. 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.
Is Virginia a community property state for fault divorce?
No. Virginia is an equitable distribution state. The court divides marital property fairly under Va. Code § 20-107.3, considering 11 factors. Fault grounds may affect the division.
How is child custody decided in a fault-based divorce in Loudoun County?
It depends. 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 any history of abuse.
What are the fault grounds for divorce in Virginia?
Yes. Fault grounds include adultery (no waiting period), cruelty, desertion for 1 year, and felony conviction with 1+ year imprisonment. Filed at Loudoun County Circuit Court.
For more information, see our Virginia Family Law Lawyer page. For related services, visit our Criminal Defense Lawyer Loudoun County page.
Last verified: April 2026. Information current as of 2026-04-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.