Fault Based Divorce Lawyer Colonial Heights, Virginia
In Colonial Heights, Virginia, fault-based divorce under Va. Code § 20-91 allows you to file without a waiting period for grounds like adultery, cruelty, desertion for one year, or felony conviction. Law Offices Of SRIS, P.C. has extensive family law experience in Colonial Heights Circuit Court. Call (888) 437-7747 for consultation by appointment.
Understanding Fault Based Divorce Under Virginia Law
Virginia law under Va. Code § 20-91 provides specific fault grounds for divorce, including adultery (no waiting period), cruelty, 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 proving the ground. Colonial Heights Circuit Court, located at 550 Boulevard, Colonial Heights, VA 23834, handles all divorce and equitable distribution matters in the city. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience.
Last verified: April 2026 | Colonial Heights Circuit Court | Virginia General Assembly — official site
Official Virginia Code References
For authoritative legal text, consult the following official government sources:
- 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 Perspective on Colonial Heights Divorce Proceedings
In Colonial Heights Circuit Court, judges expect parties to present clear corroborating evidence for fault grounds. We have observed that adultery cases require more than circumstantial proof — direct evidence or credible admissions are necessary. Cruelty claims must show a pattern of behavior, not isolated incidents.
- Identify and document the specific fault ground (adultery, cruelty, desertion, or felony conviction).
- Gather corroborating evidence — witness affidavits, financial records, or court documents.
- File a verified complaint at Colonial Heights Circuit Court with the $86 filing fee.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend the final hearing with your corroborating witness present.
- Obtain the final divorce decree from the court.
In Colonial Heights, fault-based divorce under Va. Code § 20-91 carries no criminal penalties but affects property division, spousal support, and custody determinations.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground for divorce | None | None | None | May affect spousal support and property division |
| Cruelty | Fault ground for divorce | None | None | None | May affect custody and support determinations |
| Desertion (1 year) | Fault ground for divorce | None | None | None | May affect property division |
| Felony Conviction | Fault ground for divorce | None (divorce only) | None | None | Requires 1+ year imprisonment |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Fault Based Divorce
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%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. This unique credential means our firm has direct experience shaping the law we practice under. “Advocacy Without Borders” reflects our commitment to providing full legal representation across multiple states and practice areas.
Case Results in Colonial Heights
Law Offices Of SRIS, P.C. has 4 total documented case results across all practice areas in Colonial Heights, with favorable outcomes in all reported instances. Firm-wide, we have 4,739+ documented results across VA, MD, DC, NY and NJ, with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Location and Service Area
Our location in Richmond is approximately 20 miles from Colonial Heights Circuit Court, with access via I-95 and Route 1. We serve the communities of Colonial Heights, Swift Creek, and the Petersburg border.
Fault Based Divorce Lawyer near Colonial Heights — available 24/7 phone consultations at (888) 437-7747. Meetings by appointment only.
Richmond Location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (804) 201-9009 | By appointment only.
Frequently Asked Questions About Fault Based Divorce in Colonial Heights
How long does a divorce take in Colonial Heights (City), Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Colonial Heights Circuit Court, 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 under Va. Code § 20-107.3 can extend longer.
How much does a divorce cost in Colonial Heights, Virginia?
It depends. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Costs vary based on complexity and whether the divorce is contested.
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). Colonial Heights Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Colonial Heights, Virginia?
Based on experienced interests. Custody in Colonial Heights 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. Colonial Heights J&DR Court handles standalone custody matters.
What are the grounds for divorce in Virginia?
Multiple grounds exist. 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 Colonial Heights Circuit Court under Va. Code § 20-91.
How does a Virginia lawyer defend against fault based divorce charges?
It depends. 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?
Contact an attorney immediately. 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.
How does a Virginia lawyer defend against adultery divorce charges?
It depends. Defense strategies for adultery 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(1) (adultery as fault ground — no waiting period) to build the strongest possible defense.
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- Norfolk Military Divorce Lawyer Virginia — State-level family law hub.
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- Family Law Lawyer Augusta County — Family law services in Augusta County.
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Last updated: 2026-04-29