Fault Based Divorce Lawyer Colonial Heights, VA
A divorce grounded on fault carries distinct legal weight in Colonial Heights, Virginia. Under
Va. Code § 20‑91, a spouse may seek an absolute divorce on grounds of adultery, cruelty,
desertion for one year, or a felony conviction resulting in more than one year of confinement. Unlike a
no‑fault separation, a fault‑based divorce does not require a waiting period and can affect property
distribution, spousal support determinations, and even child‑custody considerations. The
Colonial Heights Circuit Court at 550 Boulevard, Colonial Heights, VA 23834, exercises
exclusive original jurisdiction over divorce actions, while the
Colonial Heights Juvenile and Domestic Relations District Court handles related
custody, support, and protective‑order matters. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent clients in these courts, combining decades of experience with a focused
approach to fault‑based divorce. For a consultation, reach our Richmond location at
(888) 437‑7747.
Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Fault‑Based Divorce Means in Colonial Heights
Virginia is an equitable‑distribution state, not a community‑property state. When a divorce is
grounded on fault, the court weighs the behavior of the parties as one of the eleven statutory factors
under Va. Code § 20‑107.3. Fault does not automatically strip a spouse of marital
assets, but it can tip the scales in the division of property and the award of spousal support. For a
Colonial Heights resident, all contested and fault‑based divorce proceedings are heard by the
Twelfth Judicial District Circuit Court, which sits at the 550 Boulevard courthouse.
The same judge also presides over matters from adjoining Chesterfield County, bringing a consistent
bench‑court perspective to family‑law litigation.
Fault‑based grounds under Va. Code § 20‑91 include adultery, physical cruelty or
reasonable apprehension of bodily harm, willful desertion for one year, and conviction of a felony with
a sentence exceeding one year. Adultery, if proven by clear and convincing evidence, eliminates any
waiting period and can bar the offending spouse from receiving spousal support. Cruelty and desertion
require a showing of conduct that made continued cohabitation unsafe or that the desertion was
intentional and uninterrupted. Because fault allegations often involve sensitive evidence—financial
records, communications, or testimony from third parties—working with counsel who are familiar with
the evidentiary standards of the Colonial Heights Circuit Court helps ensure allegations are properly
presented and defended.
How Mr. Sris and His Of Counsel Handle Fault‑Based Divorce Cases
Every fault‑based divorce begins with a thorough review of the circumstances and the evidence
available to support—or contest—the asserted grounds. Mr. Sris and his Of Counsel meet with clients
to assess the viability of fault allegations, outline the legal strategy, and discuss how pursuing a
fault‑based divorce may affect the division of marital property, custody arrangements, and support
obligations. Cases often involve both the Circuit Court and the Juvenile and Domestic Relations
District Court, and the team coordinates filings and appearances in each court as needed.
After filing a complaint in the Colonial Heights Circuit Court, the court may enter
pendente lite orders for temporary support or custody under
Va. Code § 20‑103. Discovery then proceeds, and the parties may engage in
settlement negotiations, mediation, or pre‑trial conferences. If the case cannot be resolved, trial
evidence is presented to the judge. Mr. Sris and his Of Counsel prepare each matter with attention to
the factual record and the applicable statutory factors, aiming to secure a resolution that reflects
the client’s interests. Throughout the process, clients receive candid guidance about the realistic
range of outcomes.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced in Virginia since 1997. A
former prosecutor, he testified before the Virginia House Courts of Justice Committee in support of
2019 HB 635 (chief patron Del. David Bulova), the legislation that revised
Va. Code § 20‑107.3(g) regarding the division of retirement assets. His Of Counsel
team brings over 120 years of combined legal experience and 4,739+ documented firm-wide results across multiple practice areas. Results may vary. Together, they
represent clients in fault‑based divorce, equitable distribution, custody, and support matters in the
Colonial Heights Circuit Court and the associated Juvenile and Domestic Relations District Court.
Frequently Asked Questions
What are the fault‑based grounds for divorce in Virginia?
Virginia recognizes four fault grounds: adultery, cruelty (including reasonable apprehension
of bodily harm), willful desertion for one year, and conviction of a felony with a sentence of more
than one year. These grounds are set out in Va. Code § 20‑91 and do not require a separation
period before filing. Adultery must be proved by clear and convincing evidence; cruelty requires a
showing of conduct that endangered physical safety. A fault‑based divorce can affect property division,
spousal support, and custody determinations. Cases are heard in the Colonial Heights Circuit Court at
550 Boulevard, and Mr. Sris and his Of Counsel handle both the filing and trial phases.
How does proving fault affect property division in Colonial Heights?
Fault is one of eleven factors the court considers when dividing marital property equitably,
and it can result in a larger share for the innocent spouse. Under Va. Code § 20‑107.3, the
judge evaluates the circumstances that contributed to the dissolution of the marriage, including any
marital misconduct. In Colonial Heights Circuit Court, a finding of adultery may also bar the
offending spouse from receiving spousal support. The court weighs fault alongside other factors such
as the duration of the marriage, contributions of each party, and the tax consequences of the division.
An attorney can explain how fault evidence is presented and challenged.
Do I need a lawyer to file a fault‑based divorce in Colonial Heights?
You are not legally required to hire a lawyer, but fault‑based divorces involve complex
evidentiary and procedural rules that are best managed by an experienced attorney. Proving
adultery, cruelty, or desertion requires admissible evidence that meets the court’s burden of proof.
The Colonial Heights Circuit Court demands strict compliance with procedural deadlines and local
rules. Mr. Sris and his Of Counsel prepare and file all necessary documents, gather evidence, and
represent clients at hearings. To request a consultation, call (888) 437‑7747.
Can a fault‑based divorce be resolved without a trial?
Yes, many fault‑based divorces reach a settlement before trial through negotiation or
mediation, resolving property, support, and custody issues without a judge’s ruling on fault.
Even when fault is alleged, parties may choose to settle by entering a written property‑settlement
agreement under Va. Code § 20‑149. This agreement can address all contested matters, and a divorce
may then be granted on a no‑fault ground if the separation period has been met. Mr. Sris and his Of
Counsel explore every avenue for resolution while still preparing the case for trial if necessary.
What is the difference between a fault‑based divorce and a no‑fault divorce in Colonial Heights?
A fault‑based divorce does not require a separation period and may give the court a reason to
award a disproportionate share of assets or spousal support, while a no‑fault divorce requires living
apart for at least six months (if no minor children and a signed agreement) or one year.
Fault grounds—adultery, cruelty, desertion, or felony conviction—are litigated in the Colonial Heights
Circuit Court. No‑fault divorces rely solely on the parties’ living apart and are generally less
contentious. An attorney can help you weigh the strategic benefits and risks of asserting fault.
Outbound Authority Sources:
Virginia Code Title 20 —
Domestic Relations ·
Colonial Heights Circuit Court ·
Virginia Judicial System.
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Attorney responsible for this advertising: Mr. Sris.
Results may vary.