A fault based divorce in Henrico County, Virginia, requires proving grounds such as adultery, cruelty, desertion, or felony conviction under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 21 documented results in Henrico County, with a favorable outcome in all reported instances. Consultation by appointment.
Fault Based Divorce Lawyer in Henrico County, Virginia
Virginia law provides for fault based divorce under Va. Code § 20-91, which lists specific grounds including adultery (no waiting period), cruelty, desertion for a period of 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. The Henrico County Circuit Court, located at 4301 East Parham Road, Henrico, VA 23228, has jurisdiction over all divorce and equitable distribution matters. 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 | Henrico 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 the equitable distribution statute personally amended by Mr. Sris, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Henrico County Circuit Court, prosecutors and judges routinely scrutinize fault based divorce claims for corroborating evidence. We have observed that adultery claims, for example, require more than mere suspicion — the court expects direct or circumstantial evidence of a romantic relationship.
- Identify the specific fault ground under Va. Code § 20-91 that applies to your situation.
- Gather corroborating evidence — emails, text messages, financial records, or witness statements.
- File a complaint at Henrico County Circuit Court (4301 East Parham Road, Henrico, VA 23228).
- Serve the complaint on your spouse via sheriff or private process server.
- Attend all court hearings and comply with discovery requests.
- Work with your attorney to negotiate a settlement or prepare for trial.
In Henrico County, a fault based divorce under Va. Code § 20-91 carries no criminal penalty but affects property division, spousal support, and custody outcomes through the court’s equitable distribution framework.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery (Va. Code § 20-91(1)) | Fault ground — civil | None | None | None | May affect spousal support award; no waiting period required |
| Cruelty (Va. Code § 20-91(6)) | Fault ground — civil | None | None | None | Requires proof of reasonable apprehension of bodily harm; may impact custody |
| Desertion (Va. Code § 20-91(2)) | Fault ground — civil | None | None | None | Requires 1-year continuous desertion; may affect property division |
| Felony Conviction (Va. Code § 20-91(3)) | Fault ground — civil | None | None | None | Requires 1+ year imprisonment; may affect custody and support |
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%. The firm has 21 documented case results in Henrico County: 17 dismissed or not guilty, 4 reduced or amended — a favorable outcome in all reported instances. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Law Offices Of SRIS, P.C. has 21 documented results in Henrico County: 17 dismissed or not guilty, 4 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. Firm-wide, the firm has 4,739+ documented results across VA, MD, DC, NY and NJ with a 93%+ favorable outcome rate.
Our location in Richmond is approximately 10 miles from Henrico County Circuit Court, with access via I-64, I-95, and I-295. As a fault based divorce lawyer near Henrico County, we serve the communities of Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville (partial). 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our 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 Henrico County
How long does a divorce take in Henrico County, Virginia?
It depends. Uncontested divorces with a signed separation agreement typically resolve in 2-4 months from filing at Henrico County Circuit Court. Contested divorces — involving custody, support, or property disputes — routinely take 9-18 months. The timeline depends on the mandatory separation period under Va. Code § 20-91 and the court calendar at Henrico County Circuit Court (4301 East Parham Road, Henrico, VA 23228).
Uncontested divorces in Henrico County typically take 2-4 months; contested divorces take 9-18 months.
How much does a divorce cost in Henrico 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). Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute. Cases are filed at Henrico County Circuit Court.
The filing fee is approximately $86, with additional costs for service, Guardian ad Litem, and mediation.
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). Henrico County Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state, not a community property state.
How is child custody decided in Henrico County, Virginia?
Custody in Henrico 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. Henrico County Juvenile & Domestic Relations District Court handles standalone custody; Henrico 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 grounds include 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds under Va. Code § 20-91 include adultery (no waiting period), cruelty, desertion for 1 year, and felony conviction with 1+ year imprisonment. All divorce cases are filed at Henrico County Circuit Court.
Fault grounds include adultery, cruelty, desertion, and felony conviction under Va. Code § 20-91.
How does a Virginia lawyer defend against fault based divorce charges?
Defense strategies for fault based divorce in Virginia may include challenging the sufficiency of evidence, examining procedural compliance, negotiating with the opposing party, 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 pages useful: Family Law Lawyer Albemarle County and Family Law Lawyer Arlington County. For related business law matters in Henrico County, see Corporate Compliance Lawyer Henrico County and Business Compliance Lawyer Henrico County.
Last updated: 2026-04-29