Fault Based Divorce Lawyer in Chesterfield County, Virginia
A fault based divorce in Chesterfield County, Virginia, under Va. Code § 20-91, allows you to seek dissolution without a separation period if grounds such as adultery, cruelty, desertion, or felony conviction exist. Law Offices Of SRIS, P.C. has 15 documented results in Chesterfield County, with favorable outcomes in all reported instances.
Understanding Fault Based Divorce Under Virginia Law
Virginia law under Va. Code § 20-91 provides specific grounds for a fault based divorce. Unlike no-fault divorce, which requires a separation period of 6 months (with a signed separation agreement and no minor children) or 1 year (with minor children), fault based divorce allows you to file immediately if you can prove one of the following grounds: adultery (no waiting period), cruelty (physical or mental), desertion for a continuous period of 1 year, or a felony conviction resulting in imprisonment for 1 year or more. The burden of proof rests on the party alleging fault, and corroborating evidence is required. Chesterfield County Circuit Court, located at 9500 Courthouse Road, Chesterfield, VA 23832, handles all divorce and equitable distribution matters in the county.
Last verified: April 2026 | Chesterfield County Circuit Court | Virginia General Assembly — official site
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience to every fault based divorce case in Chesterfield County.
Official Legal References
- Va. Code § 20-91 (Virginia General Assembly — official site) — Grounds for divorce, including fault based grounds.
- Va. Code § 20-107.3 (Virginia General Assembly — official site) — Equitable distribution statute, personally amended by Mr. Sris.
Insider Knowledge: handling Chesterfield County Courts
In Chesterfield County Circuit Court, judges expect strict adherence to procedural timelines. We have observed that fault based divorce cases require corroborating witnesses or documentary evidence to meet the burden of proof. The court schedules pendente lite hearings within 21-60 days of filing, which can set temporary support and custody arrangements.
- Identify and document the fault ground (adultery, cruelty, desertion, or felony conviction) with corroborating evidence.
- File a verified complaint at Chesterfield County Circuit Court, 9500 Courthouse Road, Chesterfield, VA 23832.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend the pendente lite hearing for temporary orders (21-60 days after filing).
- Participate in discovery and, if necessary, mediation to resolve property and custody issues.
- Proceed to final hearing for entry of the divorce decree.
In Chesterfield County, Virginia, a fault based divorce does not carry criminal penalties, but the financial and custodial consequences can be significant, including equitable distribution of marital property, spousal support, and child custody determinations under Va. Code § 20-107.3 and § 20-124.2.
| Issue | Classification | Financial Impact | Custody Impact | Timeline | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (Va. Code § 20-91(1)) | Fault Ground — No Waiting Period | May affect spousal support award; court may bar support for adulterous spouse | Considered in experienced-interest analysis if it harmed the child | Immediate filing; 9-18 months contested | Corroborating evidence required; potential for attorney fee award |
| Cruelty (Va. Code § 20-91(6)) | Fault Ground — No Waiting Period | May justify spousal support; medical expenses considered | May affect custody if abuse involved | Immediate filing; 9-18 months contested | Protective orders possible; criminal charges if physical abuse |
| Desertion (Va. Code § 20-91(2)) | Fault Ground — 1 Year Waiting Period | May affect spousal support; abandoned spouse may receive more | Abandonment may be considered in custody | 1 year after desertion; 9-18 months contested | Must prove intent to abandon; no cohabitation during period |
| Felony Conviction (Va. Code § 20-91(3)) | Fault Ground — 1+ Year Imprisonment | May affect spousal support; incarceration limits earning capacity | Incarceration may affect custody and visitation | Immediate filing; 9-18 months contested | Must provide conviction documentation; sentencing order required |
Results may vary. Prior results do not guarantee a similar outcome.
Our Track Record in Chesterfield County
Law Offices Of SRIS, P.C. has 15 documented results in Chesterfield County: 8 dismissed or not guilty, 7 reduced or amended — a favorable outcome in all reported instances. These results span traffic, drug, and criminal matters, demonstrating our firm’s ability to achieve positive outcomes across practice areas. Results may vary. Prior results do not guarantee a similar outcome.
Firm-wide, we have 4,739+ documented results across VA, MD, DC, NY and NJ, with a 93%+ favorable outcome rate. Case results depend on a variety of factors unique to each case.
Our Location Serving Chesterfield County
Our location in Richmond is approximately 20 miles from Chesterfield County Circuit Court (9500 Courthouse Road), with access via I-95, I-295, Route 1, Route 10, and Route 360 (Hull Street).
If you need a fault based divorce lawyer near Chesterfield County, we are here to help.
Serving the communities of Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, and Moseley.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Drive, Suite 300, Room 395
Richmond, VA 23225
Phone: (804) 201-9009 | Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Fault Based Divorce in Chesterfield County
How long does a divorce take in Chesterfield County, Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Chesterfield County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Chesterfield County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution with business valuation or retirement assets: 12-24 months. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
How much does a divorce cost in Chesterfield County, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Chesterfield County General District Court.
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). Chesterfield County Circuit Court (9500 Courthouse Road, Chesterfield, VA 23832) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Chesterfield County, Virginia?
Custody in Chesterfield County is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Chesterfield County J&DR Court handles standalone custody. Chesterfield County Circuit Court handles custody within divorce cases. 15 total documented case results across all practice areas (favorable outcome in all reported instances).
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Chesterfield County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party.
How does a Virginia lawyer defend against fault based divorce charges?
Defense strategies for fault based divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (grounds for divorce) to build the strongest possible defense.
What should I do if I am facing fault based divorce charges in Virginia?
If facing fault based divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
Related Legal Resources
- Visitation Enforcement Lawyer Virginia — State-level hub for family law matters.
- Complex Property Division Lawyer Goochland County — Nearby locality serving Goochland County.
- Complex Property Division Lawyer Albemarle County — Nearby locality serving Albemarle County.
Last verified: April 2026. This page was last updated on 2026-04-30. Legal information may change; consult an attorney for current advice.