Fault Based Divorce Lawyer New Kent County, VA
When a marriage fails and one spouse’s conduct has caused the breakdown, Virginia law allows the filing of a fault-based divorce. In New Kent County, residents may pursue divorce on grounds such as adultery, cruelty, desertion, or felony conviction under Va. Code § 20‑91®. A fault-based divorce can affect property division, spousal support, and even custody determinations. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. Concentrate their practice on complex family law matters, including contested fault-based divorce cases in New Kent County Circuit Court. With a detailed understanding of Virginia equitable distribution principles and the evidentiary burdens that fault grounds require, the firm works to protect clients’ financial interests and parental rights. Call (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Fault-Based Divorce Means in New Kent County, Virginia
Under Virginia law, fault-based divorce requires proof that the other spouse committed marital misconduct recognized by statute. Va. Code § 20‑91® enumerates four fault grounds: adultery, cruelty or reasonable apprehension of bodily harm, willful desertion for one year, and conviction of a felony with imprisonment of more than one year. Unlike a no‑fault divorce, which is available after a separation period, a fault‑based divorce can be granted without any waiting period—if the ground is adultery—and may be filed as soon as the misconduct is established.
New Kent County Circuit Court, located at 12001 Courthouse Circle, New Kent, VA 23124, has exclusive jurisdiction over divorce and equitable distribution matters. The court applies Virginia’s equitable distribution statute, Va. Code § 20‑107.3, to classify and divide marital property. When fault is proven, the court may consider that misconduct as a factor in dividing assets, awarding maintenance, and determining parental fitness. The county’s Juvenile and Domestic Relations District Court handles standalone custody, support, and protective order matters, but all fault‑based divorce litigation proceeds in Circuit Court. Mr. Sris and his Of Counsel appear regularly before the New Kent County bench and are familiar with local procedural requirements, including the need for corroborating evidence to support fault allegations.
How Mr. Sris and His Of Counsel Handle Fault-Based Divorce Cases
Pursuing a fault‑based divorce requires careful evidence gathering and strategic legal analysis. The team begins by evaluating the marital record—communications, financial transactions, witness accounts—to determine whether sufficient proof exists to meet the statutory standard. Because fault grounds can be contested, preparation frequently includes depositions, subpoenas, and, when necessary, forensic accounting to trace dissipation of assets related to the misconduct. Mr. Sris, a former prosecutor with extensive trial experience, applies that courtroom skill to present fault evidence persuasively while protecting the client’s long‑term interests in property and support.
The process moves through several stages: filing the complaint, conducting discovery, participating in settlement conferences, and, if no resolution is reached, proceeding to trial. Throughout, the client is kept informed of the legal options and the realistic range of outcomes. Mr. Sris and his Of Counsel work to achieve favorable settlements where possible, but are prepared to try the case when the other side refuses a fair resolution. Results vary; prior outcomes do not guarantee a similar result
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he concentrates his practice on family law, criminal defense, and civil litigation. A former prosecutor with firsthand experience in trial work, Mr. Sris brings a disciplined, evidence‑based approach to fault‑based divorce litigation. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
Law Offices Of SRIS, P.C. serves New Kent County from its Richmond location at 7400 Beaufont Springs Drive, Suite 300, Richmond, VA 23225. The phone number at that location is (804) 201‑9009, and the toll‑free number is (888) 437‑7747. Consultations are by appointment; call to schedule.
Frequently Asked Questions About Fault-Based Divorce in New Kent County
What are the fault grounds for divorce in Virginia?
Virginia recognizes fault grounds including adultery, cruelty, desertion for one year, and felony conviction with imprisonment over one year. Under Va. Code § 20‑91®, a spouse who proves one of these grounds may obtain a divorce without a lengthy separation period—adultery requires no waiting time. Fault can influence property division, spousal support, and even custody. New Kent County Circuit Court has jurisdiction over fault‑based divorce filings.
How does proving fault affect property division?
Proving fault may cause the court to award a greater share of the marital estate to the innocent spouse. Virginia is an equitable distribution state, meaning the court divides property fairly but not necessarily equally. Under Va. Code § 20‑107.3, marital misconduct is one of the factors the court considers. Evidence of dissipation of assets or conduct that harmed the marital partnership can shift the division in the wrongdoing spouse’s favor.
What is the difference between fault‑based and no‑fault divorce?
A fault‑based divorce requires proof of misconduct, while a no‑fault divorce requires only a separation period. In Virginia, a no‑fault divorce is available after one year of separation (or six months if no minor children and a signed separation agreement). A fault‑based divorce can be granted as soon as the misconduct is established—with no waiting time for adultery. Fault can be advantageous when seeking a more favorable property division or avoiding a long separation.
Do I need to prove fault to get a divorce in Virginia?
No, a divorce can be obtained on no‑fault grounds after the required separation period. Fault is an option, not a requirement. Many couples choose the no‑fault route because it avoids litigation over personal conduct. However, if you suspect marital misconduct and want to pursue it, an experienced family law attorney can assess the strength of the evidence and advise whether a fault‑based petition is appropriate under the circumstances of your case.
How long does a fault‑based divorce take in New Kent County?
The timeline depends on whether the fault ground is contested and the complexity of the evidence. An uncontested fault divorce may proceed relatively quickly once the ground is proven, while a sharply disputed case can extend for months through discovery and trial. The court’s calendar in New Kent County also affects scheduling. For case‑specific guidance, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
How are child custody and support affected by fault in a divorce?
A finding of fault, such as cruelty or abuse, may affect custody and visitation decisions. Virginia courts consider the best interests of the child under Va. Code § 20‑124.3, and a history of domestic misconduct can weigh against a parent. Child support is calculated using statutory guidelines and is less directly influenced by fault, but extreme financial misconduct—such as dissipation of assets—can impact support obligations. The New Kent County Juvenile and Domestic Relations Court handles standalone custody and support matters.
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.