Fault Based Divorce Lawyer in Norfolk, Virginia — What Are Your Legal Options?
A Fault Based Divorce Lawyer Virginia in Norfolk handles cases under Va. Code § 20-91, including adultery, cruelty, and desertion. Law Offices Of SRIS, P.C. has 4,739+ firm-wide documented results. Call (888) 437-7747 for a consultation by appointment.
Statutory Definition of Fault Based Divorce in Virginia
Virginia law recognizes specific fault grounds for divorce under Va. Code § 20-91. A Fault Based Divorce Lawyer Virginia helps clients pursue divorce based on adultery (no waiting period), cruelty, desertion for one year, or a felony conviction with imprisonment for one or more years. Unlike no-fault divorce, fault grounds do not require a separation period. The spouse seeking the divorce must prove the fault ground by a preponderance of the evidence in Norfolk Circuit Court. Mr. Sris, founder of Law Offices Of SRIS, P.C. since 1997, personally amended Va. Code § 20-107.3 (equitable distribution statute).
Last verified: April 2026 | Norfolk Circuit Court | Virginia General Assembly
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Norfolk Circuit Court handles all fault-based divorce filings. The court requires proof of the fault ground through witness testimony or documentary evidence. Adultery cases often require private investigator testimony or circumstantial evidence.
- File a complaint for divorce listing the specific fault ground at Norfolk Circuit Court.
- Serve the complaint on your spouse through sheriff or private process server.
- Attend a pendente lite hearing for temporary support and custody if needed.
- Participate in discovery, including depositions and document requests.
- Attend a final hearing where you present evidence of the fault ground.
- Receive the final divorce decree from the judge.
Penalty Table
In Norfolk, a fault-based divorce under Va. Code § 20-91 carries no criminal penalty but affects property division, spousal support, and attorney fee awards.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Civil fault ground | None | None | None | May bar spousal support; affects equitable distribution |
| Cruelty | Civil fault ground | None | None | None | Requires proof of reasonable apprehension of bodily harm |
| Desertion (1 year) | Civil fault ground | None | None | None | Must show willful abandonment without consent |
| Felony conviction (1+ year imprisonment) | Civil fault ground | None | None | None | Requires certified copy of conviction order |
Results may vary. Prior results do not guarantee a similar outcome.
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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 has handled 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, a unique credential in Virginia family law. The firm’s tagline is “Advocacy Without Borders.”
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Case Results
Firm-wide across VA, MD, NJ, NY, and DC: 4,739+ documented results with 93%+ favorable outcome rate. These results include dismissals, reductions, and favorable settlements in family law matters.
Results may vary. Prior results do not guarantee a similar outcome.
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Our Fairfax location is approximately 3 hours from Norfolk Circuit Court, accessible via I-64 and I-264. We serve clients throughout Norfolk, including Ghent, Ocean View, and Downtown Norfolk.
Fault Based Divorce Lawyer Virginia near Norfolk — serving all Hampton Roads communities.
Neighborhoods served: Norfolk, Virginia Beach, Chesapeake, Portsmouth, Suffolk, Hampton, Newport News.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
FAQ Block
What are the fault grounds for divorce in Virginia?
Yes. Virginia recognizes adultery, cruelty, desertion for one year, and felony conviction with one or more years of imprisonment as fault grounds under Va. Code § 20-91.
How long does a fault-based divorce take in Norfolk?
It depends. A fault-based divorce can take 9-18 months if contested. Adultery cases with clear evidence may proceed faster since no separation period is required.
Can I get spousal support in a fault-based divorce?
It depends. Adultery by the spouse seeking support may bar spousal support under Va. Code § 20-107.1. Other fault grounds do not automatically bar support.
Do I need a lawyer for a fault-based divorce in Norfolk?
Yes. Fault-based divorce requires presenting evidence in court. A Fault Based Divorce Lawyer Virginia can help you gather evidence and handle Norfolk Circuit Court procedures.
What is the difference between fault and no-fault divorce in Virginia?
No-fault divorce requires a 6-month or 1-year separation. Fault divorce has no waiting period but requires proving the fault ground in court. An at-fault divorce lawyer Virginia can explain which option fits your case.
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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.