Fault Based Divorce Lawyer Lexington — What Are Your Grounds?
A fault-based divorce in Lexington, Virginia, requires proving specific grounds like adultery or cruelty under Va. Code § 20-91. This fault based divorce lawyer Lexington approach can impact property division and support. Law Offices Of SRIS, P.C. has 14 documented case results in Lexington. Our fault based divorce lawyer Lexington team provides strategic representation for these complex cases.
Last verified: April 2026 | Lexington Circuit Court | Virginia General Assembly
Virginia law provides for both no-fault and fault-based divorces. A fault-based divorce requires proving one of the statutory grounds, such as adultery, cruelty, desertion, or felony conviction. This process is governed by Va. Code § 20-91. Unlike a no-fault divorce based on separation, a fault divorce can influence the court’s decisions on alimony, equitable distribution of assets, and attorney’s fees. Successfully proving fault requires clear and convincing evidence presented in the Lexington Circuit Court.
Our firm was founded in 1997 by former prosecutor Mr. Sris, who personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. This deep legislative experience informs our approach to fault-based divorce litigation.
- Consult with a fault based divorce lawyer Lexington to evaluate your grounds and evidence.
- File a Complaint for Divorce in Lexington Circuit Court, specifying the fault grounds.
- Engage in the discovery process to gather evidence supporting your fault claim.
- Attempt settlement negotiations, as fault can be a powerful use point.
- Prepare for a contested hearing if the fault grounds are denied by the other party.
- Present your evidence at trial to prove the fault grounds to the judge.
In Lexington, a fault-based divorce can be granted for adultery, cruelty, desertion for one year, or a felony conviction with imprisonment.
| Fault Ground | Legal Definition (Va. Code) | Key Consideration |
|---|---|---|
| Adultery | § 20-91(1) | No mandatory separation period; requires clear proof. |
| Cruelty | § 20-91(6) | Must prove reasonable apprehension of bodily hurt or danger to life. |
| Desertion | § 20-91(7) | Willful abandonment and desertion for one year or more. |
| Felony Conviction | § 20-91(8) | Spouse sentenced to confinement for more than one year. |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. has a documented record in Lexington courts. Our firm-wide experience spans over 120 combined years with more than 4,739 case results. In Lexington specifically, we have 14 documented case results across all practice areas. Mr. Sris, our managing attorney and a former prosecutor, personally amended Virginia’s key equitable distribution statute, Va. Code § 20-107.3, giving our firm unique insight into how fault can influence property division under that law.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
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Our Richmond location serves clients with Lexington family law matters. We are accessible via I-64 and Route 60. We are a fault grounds for divorce lawyer Lexington serving the community. Contact us for a consultation with an at-fault divorce lawyer Lexington.
Fault Based Divorce in Lexington, VA: Frequently Asked Questions
What are the fault grounds for divorce in Virginia?
Yes. The fault grounds are adultery, cruelty, willful desertion for one year, and felony conviction with imprisonment for more than one year, as defined in Va. Code § 20-91. Proving these grounds requires evidence presented in Lexington Circuit Court.
Does proving fault affect property division in a Lexington divorce?
It can. While Virginia is an equitable distribution state, fault can be considered by the court under Va. Code § 20-107.3 if it had a negative economic impact on the marital estate. For example, spending marital funds on an affair could influence the division.
How do I prove adultery in a Virginia fault-based divorce?
You need clear and convincing evidence. This may include text messages, emails, photographs, witness testimony, or admissions. Circumstantial evidence can be used, but it must be strong enough to lead a reasonable person to conclude adultery occurred.
Is a fault-based divorce faster than a no-fault divorce in Lexington?
Not necessarily. A no-fault divorce based on separation has a mandatory waiting period (6 months or 1 year). A fault divorce has no waiting period but can take just as long or longer due to the need for evidence, discovery, and potential trial.
Can I get alimony if I file for a fault-based divorce?
Proving fault like adultery or cruelty can significantly impact an alimony award. The innocent spouse may be more likely to receive support, and the at-fault spouse may be barred from receiving it, depending on the circumstances and the judge’s discretion.
For more information on court procedures, visit the Virginia Courts website.
If you are considering a fault-based divorce in Lexington, contact a fault based divorce lawyer Lexington at Law Offices Of SRIS, P.C. for a case evaluation. We also assist with related matters like criminal defense and DUI defense in Lexington. For a broader view, see our Virginia family law hub.