Fault Based Divorce Lawyer Virginia Beach, VA
You came home early from a deployment and found evidence your spouse was involved with someone else. Or maybe you discovered a pattern of behavior that amounts to cruelty or desertion. Under Virginia Code § 20-91, adultery, cruelty, desertion for one year, and conviction of a felony with a sentence of more than one year are recognized fault grounds for divorce. In Virginia Beach — home to Naval Air Station Oceana, Joint Expeditionary Base Little Creek, and a substantial tourist-driven economy — these fault-based scenarios are hardly rare. When you need a fault based divorce lawyer in Virginia Beach, VA, understanding how Virginia treats fault is where your path forward begins. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation.
What Fault‑Based Divorce Means in Virginia Beach
Virginia is an equitable distribution state and one of the few that still maintains specific fault grounds for divorce. The Virginia Beach City Circuit Court, located at 2425 Nimmo Parkway, Building 10B, handles all divorce, equitable distribution, and spousal support matters. Matters involving custody, support, or protective orders go to the Virginia Beach City Juvenile and Domestic Relations District Court. In our practice appearing in these courts, fault grounds remain an active part of local family law practice — and they can influence property division, spousal support, and the timeline of a case.
Because fault-based divorces require proof, the procedural reality is different from a no‑fault separation case. The court does not grant a divorce simply because one spouse alleges misconduct; admissible evidence — text messages, financial records, witness testimony, or in the case of adultery, clear and convincing proof — is necessary. A divorce complaint filed in Virginia Beach will be evaluated under the same statutory framework as anywhere in Virginia, but local courtroom practice and judicial expectations can shape how evidence is received.
How Fault Grounds Affect the Divorce Process
When a fault ground is established, it can eliminate the one‑year separation waiting period required for a no‑fault divorce. An adultery‑based divorce under Virginia Code § 20-91(1), for example, carries no mandatory separation period. This can expedite the schedule, though the need to prove the fault in court may lengthen the litigation. Fault also factors into the 11 statutory considerations for equitable distribution under Virginia Code § 20-107.3, and under Virginia Code § 20-107.1, it can be a bar to receiving spousal support. In Virginia Beach, where many clients have military retirement accounts, Thrift Savings Plan assets, and other property earned during service, the intersection of fault and asset division requires careful attention.
What to Expect When You Seek a Fault‑Based Divorce
After you meet with our team, Mr. Sris and his Of Counsel will assess the viability of your fault ground and discuss whether the evidence you have is likely to meet the court’s standard. If grounds exist, we file a complaint in the Virginia Beach City Circuit Court. The case may proceed through discovery, where financial information and factual allegations are examined, and then toward trial if settlement cannot be reached. In many instances, the threat of a fault finding brings the other side to negotiate a fair settlement, but every case is different.
The timeline for a fault divorce in Virginia Beach depends on the complexity of the evidence, the opposing party’s posture, and the court’s docket. There is no fixed schedule. Mr. Sris and his Of Counsel work to move cases forward efficiently while protecting your interests in property, support, and, where applicable, custody. Results may vary.
Penalty and Consequence Overview
Fault is not a separate penalty; it is a legal ground that can change the financial outcome of a divorce. A spouse found at fault may lose the opportunity to receive spousal support altogether, may receive a less favorable share of marital property, and in contested custody litigation, fault that demonstrates a parent’s unfitness can bear on the trusted‑interests analysis under Virginia Code § 20-124.3. Virginia Beach family law judges apply these principles within the framework of the 10 statutory custody factors. A fault finding does not automatically guarantee a different custody arrangement, but it can be a relevant circumstance.
Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced in Virginia since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His practice concentrates on family law, including fault‑based divorce, equitable distribution, and spousal support. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that revised the equitable distribution statute, § 20-107.3.
Mr. Sris is supported by Of Counsel with over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary. Mr. Sris and his Of Counsel bring that experience to Virginia Beach family law matters, helping clients develop evidence, evaluate settlement offers, and, when necessary, present a fault case at trial.
Frequently Asked Questions
Is adultery a ground for divorce in Virginia Beach?
Yes, adultery is a fault ground for divorce under Virginia Code § 20-91(1) with no mandatory separation period. Adultery must be proven by clear and convincing evidence — a higher standard than the preponderance‑of‑the‑evidence used in most civil matters. The Virginia Beach City Circuit Court hears these cases, and evidence can include electronic records, financial receipts, witness testimony, or admissions. Because adultery can bar the offending spouse from receiving spousal support and can affect property division, the standard of proof makes it critical to have experienced counsel evaluate the strength of the evidence before filing.
Does cruelty as a fault ground require physical harm?
Not necessarily; cruelty under Virginia law includes conduct that causes reasonable apprehension of bodily hurt. Virginia Code § 20-91(6) permits a divorce on the ground of cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment for one year. The cruelty must be more than mere marital discord — the behavior must be serious and toward the spouse. In Virginia Beach, a history of domestic violence, threats, or other patterns of intimidation can support a cruelty‑based fault divorce. The court will examine the evidence for a continued threat to the spouse’s safety or well‑being.
How does a fault‑based divorce affect military divorce in Virginia Beach?
Fault grounds can affect division of military retirement, spousal support, and the timeline of a divorce for service members stationed in Virginia Beach. Because Virginia Beach is home to several large military installations, many divorces involve active‑duty personnel. The Uniformed Services Former Spouses’ Protection Act allows state courts to divide military retired pay as marital property, but the determination of fault can influence a judge’s equitable distribution decision. Additionally, a service member’s eligibility for certain benefits or housing may be impacted. Mr. Sris and his Of Counsel handle military divorce matters with an understanding of both Virginia family law and the federal statutes that apply.
What if I don’t have enough proof to prove fault?
If the evidence falls short of the clear‑and‑convincing standard, your attorney may recommend pursuing a no‑fault divorce on a one‑year separation ground under Virginia Code § 20-91(9)(a). In Virginia Beach, many fault‑based applications are ultimately resolved on no‑fault terms after the required separation period. This does not mean you must accept an unfair settlement; the court still retains authority over equitable distribution, spousal support, and custody. Our role is to advise you honestly about the strength of your evidence so you can make an informed decision about whether to litigate fault or negotiate a resolution.
Do I need an attorney for a fault‑based divorce in Virginia Beach?
While you are not required to have an attorney, fault‑based divorces involve complex procedural rules, evidentiary standards, and financial issues that are challenging to navigate without experienced counsel. From drafting the complaint to presenting evidence in the Virginia Beach City Circuit Court, having a lawyer familiar with local courtroom practice helps avoid procedural missteps that could weaken your case. Mr. Sris and his Of Counsel have handled fault‑based divorce matters since 1997 and can assess your situation during a consultation. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule an appointment.
Related family law pages: Family Law Lawyer Fairfax County, VA · Family Law Lawyer Prince William County, VA · Family Law Lawyer Manassas (City), VA · Family Law Lawyer Falls Church (City), VA
To discuss your situation with a fault based divorce lawyer in Virginia Beach, VA, call (888) 437-7747 or request an appointment.
By appointment only. Our Richmond location represents clients at Virginia Beach courts.
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (888) 437-7747
Case results depend on a variety of factors unique to each case.