Adultery Divorce Lawyer New Kent County, VA
Discovering that your spouse has been unfaithful can upend your life and the future you planned. If you are considering a fault-based divorce in New Kent County, Virginia, you have the right to file for divorce on the ground of adultery under Virginia Code § 20‑91(1). Adultery is one of the fault grounds that does not require a separation period, which can allow you to move forward more quickly than a no‑fault divorce. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team concentrate their practice on family law matters in New Kent County and throughout Virginia, providing experienced guidance for clients facing divorce due to adultery. Call (888) 437‑7747 to request a consultation, or reach our Richmond location at (804) 201‑9009. We serve New Kent, Providence Forge, Quinton, and the surrounding communities. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Adultery Divorce Means in New Kent County
In Virginia, adultery is a fault ground for divorce. Unlike a no‑fault divorce that requires a six‑month or one‑year separation, an adultery‑based divorce may be granted without any waiting period. The spouse filing the complaint must prove the adultery by clear and convincing evidence. In New Kent County, divorce and equitable distribution matters are heard in the New Kent County Circuit Court at 12001 Courthouse Circle, New Kent, VA 23124. Issues related to custody, visitation, child support, and protective orders are handled by the New Kent County Juvenile and Domestic Relations District Court. The Circuit Court clerk’s office can be reached at (804) 966‑9690.
Virginia is an equitable distribution state. Under Va. Code § 20‑107.3, the court divides marital property fairly but not necessarily equally. Proof of adultery can affect the division of property and an award of spousal support. A spouse who commits adultery may be barred from receiving spousal support unless a manifest injustice would result. Because adultery allegations can intensify a divorce, having an experienced attorney who understands New Kent County court practice is important.
How Mr. Sris and His Of Counsel Handle Adultery Divorce Cases
Mr. Sris and his Of Counsel approach every adultery divorce with careful attention to both the legal standards and the personal impact on the family. They work with clients to gather relevant evidence, evaluate the strength of the adultery claim, and develop a litigation strategy. In some cases, the goal is to resolve the divorce promptly through a negotiated settlement that addresses property division, support, and custody without a contested trial. In others, the matter proceeds to trial before the New Kent County Circuit Court. Throughout the process, the attorneys explain each step so that clients can make informed decisions about their case.
The firm’s motion practice includes seeking pendente lite relief—temporary support, custody, and use of the marital residence—under Va. Code § 20‑103 while the divorce is pending. Mr. Sris and his Of Counsel are prepared to examine the financial records, trace separate and marital assets, and address the impact of the adultery on the marital estate. Because every case is different, the legal strategy is tailored to the specific facts of each client’s situation; no two adultery divorces follow the same path.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is licensed in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is a former prosecutor and brings that experience to bear on behalf of his clients in family law matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), legislation that revised Virginia’s equitable distribution statute. His understanding of Virginia family law is further informed by his years of handling complex divorce and custody matters in courts across the Commonwealth.
Mr. Sris’s Of Counsel team includes attorneys who have served as a former Virginia State Trooper and a former Maryland Assistant State’s Attorney, among other backgrounds. Collectively, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to family law matters, and they have achieved over 4,739 documented firm-wide results. They have documented 11 case results in New Kent County across various practice areas, with favorable outcomes in all reported instances. Results may vary.
Frequently Asked Questions
How does adultery affect a divorce in Virginia?
Adultery is a fault ground for divorce that can eliminate the separation period and may impact spousal support. Under Virginia Code § 20‑91(1), a spouse may file for divorce immediately after discovering the adultery, without the six‑month or one‑year wait required for a no‑fault divorce. The court must find the adultery by clear and convincing evidence. Additionally, a spouse found to have committed adultery is generally barred from receiving spousal support unless denying support would create a manifest injustice. The issue of adultery can also influence the equitable distribution of marital assets. For specific guidance on your situation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
How long does a divorce take in New Kent County, Virginia?
An uncontested divorce with a signed separation agreement may be finalized within two to four months after filing, while contested divorces often take nine to eighteen months. The timeline depends on the mandatory separation periods and the court’s calendar. A divorce based on adultery eliminates the separation waiting period, so the case may proceed more quickly once filed. Complex cases involving business valuations or international assets can extend beyond eighteen months. The New Kent County Circuit Court schedules hearings according to its docket. To discuss the likely timeline for your matter, call (888) 437‑7747.
How much does a divorce cost in New Kent County, Virginia?
Circuit Court filing fees for a divorce complaint are approximately the court’s filing fee, plus additional costs for service of process, a Guardian ad Litem for custody matters, and private investigators if needed. Service of process by the sheriff is roughly $12, while a private process server may charge between $50 and $100. Mediation, forensic accounting, and trial preparation add to the total expense. Costs vary widely depending on whether the divorce is contested and the complexity of the marital estate. Law Offices Of SRIS, P.C. can discuss anticipated expenses during a consultation. Call (888) 437‑7747 to schedule an appointment.
Is Virginia a community property state?
No, Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily 50‑50. The New Kent County Circuit Court considers eleven factors under Va. Code § 20‑107.3 to determine a fair division. Property acquired during the marriage is generally marital property subject to division, while separate property—such as assets owned before the marriage, gifts, and inheritances—remains with the owning spouse. The court also weighs each spouse’s contributions to the family’s well‑being, the duration of the marriage, and any circumstances that contributed to the dissolution, including adultery. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
How is child custody decided in New Kent County, Virginia?
Custody decisions are based on the best interests of the child under Va. Code § 20‑124.3, which lists ten factors the court must consider. These factors include the child’s age, the relationship with each parent, each parent’s willingness to support the child’s relationship with the other parent, and any history of family abuse. In New Kent County, custody matters within a divorce case are heard by the Circuit Court; standalone custody petitions are heard in the Juvenile and Domestic Relations District Court. The court may appoint a Guardian ad Litem to represent the child’s interests. To discuss your custody concerns, call (888) 437‑7747.
What are the grounds for divorce in Virginia?
Virginia recognizes both no‑fault and fault grounds for divorce. No‑fault divorce requires a six‑month separation if there are no minor children and the parties have a written separation agreement, or a one‑year separation in all other cases. Fault grounds include adultery, cruelty, desertion for one year, and felony conviction with imprisonment for more than one year. A divorce based on adultery allows the filing spouse to proceed immediately, without a separation period. All divorce complaints are filed in the Circuit Court of the county where either party resides. For guidance on the appropriate ground for your situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Related family law services in other Virginia localities:
Fairfax County family law attorney |
Fairfax City divorce lawyer |
Prince William County family lawyer |
Manassas divorce attorney
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case.