In Fairfax County, Virginia, a fault based divorce under Va. Code § 20-91 allows you to seek dissolution without the standard separation period if grounds such as adultery, cruelty, desertion for one year, or felony conviction exist. Law Offices Of SRIS, P.C. has 1,741 documented results in Fairfax County, including 575 dismissals and 1,038 reductions.
Fault Based Divorce Lawyer in Fairfax County, Virginia
Virginia law under Va. Code § 20-91 provides specific fault grounds for divorce, including adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), desertion for one year, and felony conviction with imprisonment for one year or more. Unlike no-fault divorce, which requires a 6-month or 1-year separation, fault based divorce allows you to file immediately upon proving the ground. The court at Fairfax County Circuit Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) hears these cases. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly — official site
For the full text of Virginia’s divorce grounds, see Va. Code § 20-91 (Virginia General Assembly — official site). For equitable distribution factors, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Fairfax County Circuit Court, prosecutors and judges routinely scrutinize fault-based divorce claims for corroborating evidence. We have observed that adultery claims require more than circumstantial proof — the court expects direct testimony or documentary evidence. Desertion claims demand proof of intent to abandon, not just physical separation.
- Identify the specific fault ground under Va. Code § 20-91.
- Gather corroborating evidence — witness testimony, financial records, or communications.
- File the divorce complaint at Fairfax County Circuit Court.
- Serve your spouse with the complaint and supporting documentation.
- Attend the hearing prepared to prove the ground by a preponderance of the evidence.
- Obtain the final decree of divorce from the court.
In Fairfax County, a fault based divorce does not carry criminal penalties, but the financial and custodial consequences are significant — including equitable distribution of marital property, spousal support, and child custody determinations under Va. Code § 20-107.3 and § 20-124.2.
| Ground | Classification | Separation Requirement | Evidence Needed | Impact on Property Division | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Corroborating witness or documentary proof | May affect spousal support | No waiting period; immediate filing |
| Cruelty | Fault ground | None | Evidence of reasonable apprehension of bodily harm | May affect spousal support | No waiting period; immediate filing |
| Desertion | Fault ground | 1 year continuous | Proof of intent to abandon | May affect spousal support | Requires 1-year waiting period |
| Felony Conviction | Fault ground | 1+ year imprisonment | Certified conviction record | May affect spousal support | No waiting period after conviction |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm has 1,741 documented case results in Fairfax County alone, with 575 dismissals or not guilty verdicts and 1,038 reductions or amendments — a 96% favorable outcome rate. This depth of experience ensures that your fault based divorce case is handled with the highest level of knowledge and strategic insight.
Law Offices Of SRIS, P.C. has 1,741 documented results in Fairfax County: 575 dismissed or not guilty, 1,038 reduced or amended, 54 deferred — a 96% favorable outcome rate. These results span traffic, criminal, and family law matters, demonstrating the firm’s consistent ability to achieve positive outcomes for clients. Results may vary.
Our location in Fairfax is approximately 1.5 miles from Fairfax County Circuit Court, with access via I-495 and Route 50. As a Fault Based Divorce Lawyer Fairfax County near you, we serve the communities of Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and Falls Church area. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
(703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Fault Based Divorce in Fairfax County
How long does a divorce take in Fairfax County, Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Fairfax County Circuit Court, depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. High-asset or international-element cases can extend longer. 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 Fairfax 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. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3).
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). Fairfax County Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Fairfax County, Virginia?
Custody in Fairfax 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. Fairfax County J&DR Court handles standalone custody. Fairfax County Circuit Court handles custody within divorce cases.
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 Fairfax County Circuit Court. Va. Code § 20-91 governs all grounds.
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.
For more information about family law in Virginia, visit our Norfolk Military Divorce Lawyer Virginia hub page. You may also find these related pages useful: Family Law Lawyer Albemarle County, Family Law Lawyer Arlington County, and Corporate Compliance Lawyer Fairfax County.
Last verified: April 2026. This page was last updated on 2026-04-29 to reflect current Virginia law and Fairfax County procedures.