Fault Based Divorce Lawyer Bedford County, VA

A fault-based divorce in Virginia allows one spouse to end the marriage on grounds of marital misconduct without waiting the full separation period required for a no-fault divorce. Under Va. Code § 20-91, the statutory fault grounds include adultery, cruelty, willful desertion for one year, and felony conviction resulting in confinement for more than one year. If the court finds that one of these grounds exists, the divorce may be granted immediately, and the finding of fault can also affect spousal support and the equitable distribution of marital property under Va. Code § 20-107.3. Mr. Sris and his Of Counsel represent clients in fault-based divorce cases throughout Bedford County, appearing regularly before the Bedford County Circuit Court at 123 East Main Street, Suite 202, Bedford, Virginia. The firm’s Shenandoah Location serves Bedford County families from Bedford, Forest, Smith Mountain Lake, Moneta, and the surrounding communities. To discuss your situation with an attorney, call Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Fault Based Divorce Means in Bedford County, Virginia

Virginia is an equitable distribution state, not a community property state. When a divorce is granted on fault grounds, the court may consider a spouse’s misconduct as a factor when dividing marital assets and determining whether spousal support is appropriate. The Bedford County Circuit Court has exclusive jurisdiction over divorce cases, while the Bedford County Juvenile and Domestic Relations District Court handles custody, visitation, and child support matters that may arise in the same family proceeding. A fault-based divorce can involve difficult evidentiary issues, and the party alleging fault must present corroborated testimony and, in some cases, other evidence. Mr. Sris and his Of Counsel work to present the facts clearly and to protect the client’s financial interests throughout the proceeding.

For residents of Bedford County, having counsel familiar with the Twenty-fourth Judicial District is important. The procedural expectations of the Circuit Court and the local rules that govern divorce filings can affect how a case moves forward. Mr. Sris and his Of Counsel have appeared in Bedford County courts and understand the local practices that bear on fault-based divorce litigation. Whether the grounds involve adultery, cruelty, or desertion, an experienced attorney can evaluate the evidence, explain what the law requires, and develop a strategy that addresses both the marital dissolution and the associated property and support issues. The firm’s Shenandoah Location is available by appointment, and consultations can be arranged by calling (888) 437-7747.

How Mr. Sris and His Of Counsel Handle Fault Based Divorce Cases

When a client consults Law Offices Of SRIS, P.C. about a fault-based divorce in Bedford County, the discussion begins with the grounds available under Virginia law and the evidence that may be needed to prove the alleged fault. Mr. Sris, a former prosecutor, brings a practical understanding of how testimony and documentary evidence are evaluated in court. The firm’s Of Counsel attorneys also have substantial litigation experience, and together the team works to build a record that addresses both the grounds for divorce and the financial consequences. Every case is different; the approach is shaped by the facts of the marriage, the nature of the alleged fault, and the client’s goals regarding property, support, and any parenting arrangements.

The team then prepares and files the necessary pleadings in the Bedford County Circuit Court. Virginia procedure requires a Complaint, not a Complaint, and the pleading must state the specific fault ground relied upon. In adultery cases, for example, the court will require corroboration beyond the spouse’s own testimony. In cruelty or desertion cases, documentary evidence and witness accounts may be important. Mr. Sris and his Of Counsel handle pretrial motion practice, participate in any mediation sessions, and represent the client at trial if the case cannot be resolved. Throughout the process, the focus remains on protecting the client’s rights under Va. Code § 20-91 and § 20-107.3 and on achieving a resolution that allows the client to move forward.

About Mr. Sris and His Of Counsel Team

Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C., a multi-state firm practicing since 1997. A former prosecutor, Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), legislation that revised a section of Virginia’s equitable distribution statute. Mr. Sris and his Of Counsel bring extensive combined legal experience to family law matters in Bedford County. Results may vary.

The firm’s Of Counsel attorneys contribute litigation experience and local knowledge that strengthen the representation provided to each client. The team appears regularly in the Bedford County Circuit Court and the Bedford County Juvenile and Domestic Relations District Court, handling divorce, custody, support, and property division. Law Offices Of SRIS, P.C. Does not employ associates or partners; every attorney working on a client’s matter is either Mr. Sris or an Of Counsel attorney with a direct contractual relationship to the firm. The Shenandoah Location serves clients throughout Bedford County. For a consultation, call (888) 437-7747.

Frequently Asked Questions

What are the fault grounds for divorce in Virginia?

Virginia law recognizes four fault grounds for divorce under Va. Code § 20-91: adultery, cruelty that causes a reasonable apprehension of bodily harm, willful desertion for one year, and conviction of a felony resulting in confinement for more than one year. Adultery is the ground that does not require any separation period if it is proved. Cruelty and desertion each require evidence of the behavior and its duration. A fault ground can affect spousal support and the equitable distribution of property. A Bedford County family law attorney can evaluate which ground may apply in your situation.

How does a fault-based divorce differ from a no-fault divorce in Virginia?

A fault-based divorce in Virginia can be granted without the six-month or one-year separation period required for a no-fault divorce. The person seeking the divorce must present evidence of the fault ground in court. In a no-fault divorce, the parties must have lived separate and apart for the required period and, if there are minor children, for one year. Fault may influence how the court divides property and decides spousal support. Both types of divorce are heard in the Circuit Court.

Do I need a lawyer for a fault-based divorce in Bedford County?

Virginia law does not require you to have a lawyer for a divorce, but presenting a fault-based claim without legal representation can be challenging. The rules of evidence, the need for corroboration, and the potential impact on property and support make it important to understand the legal standards that apply. Mr. Sris and his Of Counsel represent clients in fault-based divorce cases in Bedford County and can explain the process, the evidence needed, and the likely financial and custody consequences. For a consultation, call Law Offices Of SRIS, P.C. at (888) 437-7747.

How is property divided in a fault-based divorce in Virginia?

Virginia is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally. Under Va. Code § 20-107.3, the court considers a list of statutory factors, and a finding of fault can be one of them. Separate property, such as assets owned before the marriage or received as an inheritance, is generally not subject to division. The Bedford County Circuit Court has the authority to classify and distribute the property. An attorney can help you understand which assets are marital and how fault may affect the outcome.

Can I get spousal support if I file for divorce on fault grounds?

Yes, a spouse who proves a fault ground may be awarded spousal support, and the fault can influence the amount and duration of the award. Virginia courts consider a list of factors found in Va. Code § 20-107.1, including each spouse’s needs, earning capacity, and the circumstances that led to the divorce. Adultery or cruelty can weigh on the court’s decision. Spousal support is separate from child support, which is calculated under the Virginia child support guidelines. Each case is decided on its own facts. Results may vary.

What should I bring to a consultation with a fault-based divorce lawyer?

It is helpful to bring any documents that relate to the marriage, the alleged fault, and your financial situation. This can include financial statements, tax returns, deeds, vehicle titles, and any evidence that supports the fault ground, such as emails or messages. A list of questions about your goals for property, support, and custody can also make the consultation more productive. Mr. Sris and his Of Counsel will explain what information is most important for your particular case. Call (888) 437-7747 to schedule a consultation at the firm’s Shenandoah Location.

Related pages

Official Virginia resources

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Case results depend on a variety of factors unique to each case.