In Arlington County, Virginia, a fault-based divorce under Va. Code § 20-91 allows you to seek dissolution without a waiting period if grounds such as adultery, cruelty, desertion, or felony conviction are proven. Law Offices Of SRIS, P.C. has 115 documented results in Arlington County, with favorable outcomes in all reported instances. Our team provides strategic representation for fault grounds for divorce in Arlington County.
Fault Based Divorce Lawyer in Arlington County, Virginia
Virginia law recognizes several fault grounds for divorce under Va. Code § 20-91. These include 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 period, fault-based divorce allows you to file immediately upon establishing the ground. The court considers the fault ground when dividing marital property under Va. Code § 20-107.3, which Mr. Sris personally amended. 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 case.
Last verified: April 2026 | Arlington County Circuit Court | Virginia General Assembly — official site
For the full text of Virginia’s divorce statutes, see Va. Code § 20-91 (Virginia General Assembly — official site) and Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Arlington County Circuit Court, judges routinely scrutinize fault-based divorce claims for corroborating evidence. We have observed that adultery cases require more than circumstantial proof — the court expects direct testimony or documented admissions. An at-fault divorce lawyer Arlington County must present clear and convincing evidence to succeed on fault grounds.
- Identify the specific fault ground under Va. Code § 20-91.
- Gather corroborating evidence: text messages, emails, financial records, or witness testimony.
- File a complaint for divorce at Arlington County Circuit Court, 1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201.
- Serve the complaint on your spouse and attend all scheduled hearings.
- Present your evidence at trial or negotiate a settlement before final decree.
In Arlington County, Virginia, a fault-based divorce does not carry criminal penalties but affects property division, spousal support, and custody determinations under Va. Code § 20-91 and § 20-107.3.
| Fault Ground | Classification | Waiting Period | Impact on Property Division | Impact on Spousal Support | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | None | Court may award a disproportionate share to the innocent spouse | May bar spousal support for the adulterous spouse | Evidence of adultery can affect custody determinations |
| Cruelty | Fault ground | None | Court considers fault in equitable distribution | May affect spousal support award | Protective orders may be issued |
| Desertion (1 year) | Fault ground | 1 year | Court considers fault in equitable distribution | May affect spousal support award | Abandonment of the marital home |
| Felony Conviction (1+ year imprisonment) | Fault ground | None | Court considers fault in equitable distribution | May affect spousal support award | Incarceration may affect custody |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. 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%. Our team includes attorneys with prosecutorial backgrounds, former law enforcement officers, and decades of family law experience. We handle complex fault-based divorce cases in Arlington County, including high-asset and international matters.
Law Offices Of SRIS, P.C. has 115 documented results in Arlington County: 22 dismissed or not guilty, 93 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. These results include dismissals, nolle prosequi, and amended charges across practice areas including family law, assault, and drug offenses.
Our location in Arlington is approximately 0.5 miles from Arlington County Circuit Court, with access via I-395 and Route 50. We are a fault based divorce lawyer near Arlington County. Serving the communities of Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209
(703) 589-9250 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Fault-Based Divorce in Arlington County
How long does a divorce take in Arlington County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Arlington County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Arlington 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. Complex equitable distribution cases can extend longer. Va. Code § 20-91 governs the grounds and waiting periods.
Uncontested divorces take 2-6 months; contested divorces take 9-18 months in Arlington County.
How much does a divorce cost in Arlington County, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86. Additional costs include sheriff service of process ($12), private process server ($50-$100), Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300/hour per party). Attorney fees vary based on complexity. Cases are filed at Arlington County General District Court or Circuit Court. Va. Code § 20-91 and § 20-107.3 apply.
Filing fee is approximately $86; total costs vary from $500 to $5,000+ depending on complexity.
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). Arlington County Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded from division.
No, Virginia is an equitable distribution state — property is divided fairly, not necessarily equally.
How is child custody decided in Arlington County, Virginia?
Custody in Arlington 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. Arlington County J&DR Court handles standalone custody. Arlington County Circuit Court handles custody within divorce cases.
Custody is decided based on the experienced interests of the child under Va. Code § 20-124.3.
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 Arlington County Circuit Court. Va. Code § 20-91 governs all grounds.
Fault grounds include adultery, cruelty, desertion, and felony conviction; no-fault requires 6-month or 1-year separation.
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.
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Page Last verified: April 2026. Case results and court information are current as of this date.