Fault Based Divorce Lawyer New Kent County, VA
When a marriage ends because of a spouse’s wrongful conduct, Virginia law permits the injured party to seek a divorce on fault grounds. In New Kent County, a fault‑based divorce can be filed on grounds of adultery, cruelty, desertion, or felony conviction. Law Offices Of SRIS, P.C. represents clients who are considering or pursuing a fault‑based divorce in the New Kent County Circuit Court. Mr. Sris, Owner and Founder of the firm, appears in New Kent County matters and draws on over 120 years of combined legal experience between himself and his Of Counsel, backed by over 4,739 documented firm-wide results, to guide clients through the fault‑grounds process. Results may vary. For a confidential discussion of your situation, reach our Richmond location at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Fault‑Based Divorce Means in New Kent County, Virginia
Virginia is an equitable distribution state, and fault grounds can affect property division, spousal support, and even child custody determinations. Under Va. Code § 20‑91, a spouse may file for divorce on fault grounds including adultery, cruelty, willful desertion for one year, or a felony conviction resulting in imprisonment for more than one year. Unlike no‑fault divorce — which requires either a six‑month separation with a signed agreement and no minor children, or a one‑year separation — a fault‑based divorce has no mandatory waiting period once the ground is proven. This means that when a court finds sufficient evidence of the alleged fault, the divorce can proceed without the lengthy separation periods otherwise required.
In New Kent County, fault‑based divorce cases are heard in the New Kent County Circuit Court, located at 12001 Courthouse Circle, New Kent, VA 23124. The Circuit Court has exclusive original jurisdiction over divorce, including equitable distribution and spousal support determinations. Issues of child custody, visitation, and child support that arise during a divorce may be addressed in the New Kent County Juvenile and Domestic Relations District Court, but the divorce itself and the division of marital property remain before the Circuit Court. Mr. Sris and his Of Counsel are familiar with the local practice in New Kent County and the procedural expectations of the Ninth Judicial District courts. They prepare clients for the evidentiary demands of a fault‑based case, which often require clear and convincing proof of the alleged marital misconduct.
How Mr. Sris and His Of Counsel Handle Fault‑Based Divorce Cases
In a fault‑based divorce, the pleadings and discovery are more intensive than in an uncontested matter. Law Offices Of SRIS, P.C. begins with a thorough evaluation of the factual circumstances and the available evidence to determine whether a fault ground can realistically be established under the standards applied by the New Kent County Circuit Court. The firm’s approach includes identifying corroborating witnesses, obtaining relevant documentary proof, and, where appropriate, engaging forensic accountants or private investigators to support the claim of misconduct. Because fault findings can influence spousal support and equitable distribution, the firm works to build a compelling record while also actively pursuing settlement when a negotiated resolution serves the client’s interests.
Mr. Sris and his Of Counsel represent clients from New Kent, Providence Forge, Quinton, and surrounding communities. They guide individuals through each stage of the litigation — from filing the complaint and serving the defendant, through pendente lite proceedings for temporary support and custody, to the final hearing on the merits. While every case is unique, the firm’s multi‑state experience and focused family law practice give clients a steady, informed advocacy that keeps the legal process moving forward. For strategic guidance from a fault‑based divorce lawyer familiar with New Kent County, call (888) 437‑7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. Admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he has concentrated his work on family law, criminal defense, and related litigation across all five jurisdictions. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised Va. Code § 20‑107.3(g) regarding the equitable distribution of retirement assets and qualified domestic relations orders. That legislative experience reflects his understanding of Virginia divorce law and its impact on financial outcomes.
Alongside Mr. Sris, the firm’s Of Counsel team brings over 120 years of combined legal experience, backed by over 4,739 documented firm-wide results. Results may vary. Each attorney contributes knowledge gained from years of litigation practice, including backgrounds in prosecution and law enforcement, to the firm’s family law work. Together they serve clients in New Kent County and throughout Virginia, focusing on crafting clear, objective legal strategies for each divorce matter. The firm’s Richmond location, serving New Kent County, is at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 — by appointment only. Call (888) 437‑7747 to schedule a consultation.
Frequently Asked Questions
How long does a divorce take in New Kent County, Virginia?
Uncontested divorces in Virginia typically resolve in 2‑6 months after filing, while contested divorces routinely take 9‑18 months. In fault‑based cases, the timeline can be shorter than a no‑fault divorce because there is no mandatory separation period once the ground is proved, but the evidentiary demands often add litigation time. The schedule depends on the New Kent County Circuit Court’s docket, the complexity of the property and custody issues, and whether the parties reach a settlement. High‑asset or business‑owner cases may extend longer. For a realistic assessment of your case timeline based on the relevant facts, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Results may vary. Every case is different.
What are the fault grounds for divorce in Virginia?
Virginia’s fault grounds are set out in Va. Code § 20‑91 and include adultery, cruelty, willful desertion for one year, and felony conviction with imprisonment for more than one year. Adultery, in particular, is a ground that allows a divorce without any separation period, but it must be proved by clear and convincing evidence — not merely suspicion. Cruelty requires a showing of conduct that endangers the life, limb, or health of the petitioner or makes cohabitation unsafe. Desertion demands a willful, continuous absence for at least one year. Each ground has specific evidentiary standards that Mr. Sris and his Of Counsel can explain in the context of your situation. For a confidential assessment, call (888) 437‑7747.
How does fault affect property division and spousal support in Virginia?
Under Virginia’s equitable distribution law, fault is one of the 11 factors the court may consider, especially if the conduct had an economic impact on the marital estate. While Virginia is not a community property state — meaning assets are not automatically split 50/50 — the court can adjust the division against a party whose fault caused the dissolution of the marriage. Similarly, fault may influence a spousal support award if the misconduct made it impossible for the innocent spouse to maintain a reasonable standard of living. The New Kent County Circuit Court weighs all equitable distribution factors when fashioning a final decree. To understand how fault could affect your financial outcome, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Is Virginia a community property state?
No, Virginia is an equitable distribution state; marital property is divided fairly but not necessarily equally. The court considers 11 statutory factors under Va. Code § 20‑107.3, including the duration of the marriage, the contributions of each spouse, and the circumstances that contributed to the dissolution, which may include fault. Separate property — assets owned before the marriage or received by gift or inheritance — is excluded from equitable distribution. For fault‑based divorce cases, the classification and valuation of assets can be contentious, particularly when one spouse’s misconduct is alleged to have dissipated marital assets. Call (888) 437‑7747 to discuss your property division concerns with Mr. Sris and his Of Counsel.
How is child custody decided in a fault‑based divorce in New Kent County?
Child custody in Virginia is determined by the best interests of the child under Va. Code § 20‑124.3, not by fault grounds unless the fault directly affects the child’s welfare. The court examines 10 statutory factors, including each parent’s relationship with the child, the parents’ ability to support the child’s relationship with the other parent, and any history of family abuse. Fault such as adultery is generally not a custody factor unless it demonstrates that the parent’s conduct has negatively impacted the child. The New Kent County Juvenile and Domestic Relations District Court may handle custody matters during a pending divorce, while the Circuit Court retains jurisdiction over the divorce itself. For a personalized review, call (888) 437‑7747.
What should I bring to a consultation about a fault‑based divorce?
For an initial consultation, prepare a list of relevant dates, asset and debt information, any prior court orders, and any documentary evidence that may support the fault ground. This can include financial statements, tax returns, property deeds, correspondence, and, if applicable, evidence of the alleged misconduct. While the firm does not require exhaustive documentation at the first meeting, having a general picture of income, assets, and the facts surrounding the fault ground helps Mr. Sris and his Of Counsel evaluate the viability of your case. To request a confidential consultation with Law Offices Of SRIS, P.C., call (888) 437‑7747 or schedule by appointment at our Richmond location.
Our family law practice extends across Virginia. Learn more about representation in: Family Law Lawyer Fairfax County · Family Law Lawyer Fairfax (City) · Family Law Lawyer Falls Church (City) · Family Law Lawyer Prince William County · Family Law Lawyer Manassas (City).
Primary legal resources: Virginia Code Title 20 (Domestic Relations) · New Kent County Combined Courts · Virginia State Bar.
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