If you are considering a fault based divorce in New Kent County, Virginia, Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County. Under Va. Code § 20-91, fault grounds include adultery, cruelty, desertion for one year, and felony conviction with one year of imprisonment. A Fault Based Divorce Lawyer New Kent County can help you handle these complex proceedings.
Fault Based Divorce Lawyer New Kent County, Virginia
Virginia law provides for both no-fault and fault based divorce under Va. Code § 20-91. Fault grounds for divorce include adultery (no waiting period), cruelty (actual or constructive), desertion for a period of one year, and felony conviction with imprisonment for one year or more. A fault based divorce may affect spousal support, equitable distribution, and attorney’s fees. The court considers the circumstances of the fault when dividing marital property under Va. Code § 20-107.3, a statute personally amended by Mr. Sris. 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 | New Kent 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). For equitable distribution provisions, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In New Kent County Circuit Court, judges often scrutinize fault-based divorce claims closely, particularly adultery allegations. We have observed that corroborating evidence is essential — Virginia law requires at least one corroborating witness for an uncontested divorce hearing, and fault claims demand even stronger proof.
- Identify the specific fault ground under Va. Code § 20-91 that applies to your situation.
- Gather corroborating evidence — witness testimony, documentation, or other proof of the fault ground.
- File a complaint at New Kent County Circuit Court, 12001 Courthouse Circle, New Kent, VA 23124.
- Serve the complaint on your spouse and await their response.
- Attend all scheduled hearings and comply with discovery requests.
- Negotiate or litigate the fault claim at trial if no settlement is reached.
In New Kent County, a fault based divorce under Va. Code § 20-91 can result in significant financial and legal consequences, including spousal support awards, unequal property division, and attorney’s fee assessments.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground — no waiting period | None | None | None | May affect spousal support, equitable distribution, attorney’s fees |
| Cruelty | Fault ground — no waiting period | None | None | None | May affect custody, support, property division |
| Desertion (1 year) | Fault ground — 1-year waiting period | None | None | None | May affect spousal support and property division |
| Felony Conviction (1+ year imprisonment) | Fault ground — no waiting period | None | None | None | May affect custody, support, property division |
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 11 documented case results in New Kent County: 5 dismissed or not guilty, 6 reduced or amended — a favorable outcome in all reported instances. Law Offices Of SRIS, P.C. — Advocacy Without Borders — has handled these matters with dedication and skill.
Law Offices Of SRIS, P.C. has 11 documented results in New Kent County: 5 dismissed or not guilty, 6 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. These results include traffic, criminal, and drug offense matters handled in New Kent County General District Court.
Our location in Richmond is approximately 30 miles from New Kent County Circuit Court, with access via I-64, Route 33, Route 249, and Route 60. Serving the communities of New Kent, Providence Forge, and Quinton. 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 New Kent County
How long does a divorce take in New Kent County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at New Kent County Juvenile & Domestic Relations District Court (custody/support/protective orders) and New Kent 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. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution cases can extend longer. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
Uncontested divorces typically take 2-6 months; contested divorces take 9-18 months in New Kent County.
How much does a divorce cost in New Kent 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. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at New Kent County General District Court.
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). New Kent County Circuit Court (12001 Courthouse Circle, New Kent, VA 23124) 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 New Kent County, Virginia?
Custody in New Kent 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. New Kent County J&DR Court handles standalone custody. New Kent 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 New Kent County Circuit Court. 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.
Fault grounds include adultery, cruelty, desertion for one year, and felony conviction with one year of imprisonment.
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 Business Formation Lawyer New Kent County.
Last verified: April 2026. This page was last updated on 2026-04-29.