In New Kent County, Virginia, a fault based divorce under Va. Code § 20-91 allows you to file immediately for adultery or after one year for desertion or cruelty. Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County. Mr. Sris personally amended Va. Code § 20-107.3.
Last verified: April 2026 | New Kent County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law provides specific fault grounds for divorce under Va. Code § 20-91. These grounds 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). A Fault Based Divorce Lawyer New Kent 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 court considers fault when dividing marital property under Va. Code § 20-107.3, which Mr. Sris personally amended. An at-fault divorce lawyer New Kent County understands how to present evidence of marital misconduct to protect your financial interests.
For official legal references, consult the Virginia Code § 20-91 (divorce grounds) and the New Kent County Circuit Court website for local filing procedures.
New Kent County Circuit Court requires specific evidence for fault grounds. Adultery demands proof beyond circumstantial suspicion. Cruelty requires documented incidents. Desertion needs proof of intent to abandon.
- Step 1: Gather evidence of fault grounds — text messages, photos, financial records, witness statements.
- Step 2: File a verified complaint at New Kent County Circuit Court, 12001 Courthouse Circle.
- Step 3: Serve the divorce complaint on your spouse through sheriff or private process server.
- Step 4: Attend the pendente lite hearing for temporary support and custody orders.
- Step 5: Present your fault evidence at trial or negotiate a settlement based on fault findings.
- Step 6: Obtain the final divorce decree with equitable distribution and support orders.
In New Kent County, fault-based divorce carries no criminal penalties but affects property division, spousal support, and attorney fee awards under Va. Code § 20-107.3.
| Ground | Classification | Waiting Period | Impact on Property | Impact on Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Court may award more marital property to innocent spouse | May bar spousal support for adulterous spouse | Attorney fee award possible |
| Cruelty | Fault ground | None | Court considers fault in equitable distribution | May affect spousal support amount | Protective orders possible |
| Desertion | Fault ground | 1 year | Court considers fault in property division | May affect spousal support | Abandonment must be willful |
| Felony Conviction | Fault ground | 1 year imprisonment | Court considers fault | May affect support | Must show conviction and incarceration |
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 with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute. This amendment directly affects how fault grounds impact property division in New Kent County divorce cases. The firm’s Fault Based Divorce Lawyer New Kent County team brings prosecutor-level insight to building fault-based cases.
Mr. Sris, Owner & CEO and Managing Attorney, provides secondary oversight on all New Kent County family law matters. He founded the firm in 1997, is a former prosecutor, and personally amended Va. Code § 20-107.3. He is admitted in VA, MD, DC, NJ, and NY.
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent 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.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location serves clients at New Kent County courts (12001 Courthouse Circle), accessible via I-64, Route 33, Route 249, and Route 60. We serve New Kent, Providence Forge, and Quinton. If you need a Fault Based Divorce Lawyer New Kent County near Colonial Downs Racetrack or the historic courthouse, we are here to help.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
24/7 phone consultations. By appointment only.
How long does a divorce take in New Kent County, Virginia?
It depends. Uncontested divorce with signed separation agreement: 2-4 months. Contested divorce: 9-18 months. Complex equitable distribution: 12-24 months. Pendente lite hearing typically set within 21-60 days.
How much does a divorce cost in New Kent County, Virginia?
It depends. Circuit Court filing fee: approximately $86. Sheriff service: approximately $12. Private process server: $50-$100. Guardian ad Litem for custody: $500-$2,500+. Mediation: $100-$300/hour per party.
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.
How is child custody decided in New Kent County, Virginia?
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, the child’s relationship with each parent, and any history of abuse.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children with signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment).
Can I get a fault-based divorce for adultery in New Kent County?
Yes. Adultery is a fault ground under Va. Code § 20-91 with no waiting period. You must prove adultery by clear and convincing evidence. Corroborating witness testimony or direct evidence is required.
Does fault affect property division in New Kent County?
Yes. Under Va. Code § 20-107.3, the court considers fault when dividing marital property. Adultery or cruelty may result in a larger share of marital assets going to the innocent spouse.
Do I need a lawyer for a fault-based divorce in New Kent County?
Yes. Fault-based divorce requires presenting evidence and legal arguments. A Fault Based Divorce Lawyer New Kent County can help you gather evidence, file pleadings, and present your case effectively in court.
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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.