Adultery Divorce Lawyer Virginia Beach, VA
You just learned your spouse was unfaithful. The discovery hit like a wave, and now all you feel is betrayal and a need to move forward. Maybe you saw a text message, or a friend told you something you could not ignore. Whatever the source, you are now asking: can I file for divorce on the grounds of adultery here in Virginia Beach? At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel help people in your position pursue a fault-based divorce that acknowledges the infidelity and protects your financial future. To discuss your situation in confidence, call (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Adultery Means for Your Virginia Beach Divorce
Virginia law treats adultery as a fault ground for divorce, listed at Va. Code § 20-91. Unlike a no-fault divorce that requires a separation period lasting six months or a year, filing on adultery grounds has no statutory waiting period. That means once you have sufficient evidence and meet the six-month residency requirement under Va. Code § 20-97, the case can move forward. In Virginia Beach, divorce and equitable distribution matters are heard in the Virginia Beach Circuit Court at 2425 Nimmo Parkway, while child custody and support questions proceed in the Virginia Beach Juvenile and Domestic Relations District Court.
Because adultery is a fault ground, the court may consider the misconduct when dividing marital property and when deciding spousal support. Adultery can also affect child custody if the unfaithful spouse’s conduct directly and adversely impacts the child’s best interests. Mr. Sris and his Of Counsel team have handled family law matters across Virginia since the firm was founded in 1997, and they understand the emotional and legal dimensions of an adultery case.
How Adultery Can Influence Property, Support, and Custody
Virginia is an equitable distribution state, meaning the court divides marital property fairly — but not necessarily equally — after considering 11 statutory factors. Adultery can be one of those factors if it resulted in the waste or dissipation of marital assets or reflects on the circumstances that contributed to the dissolution of the marriage. The court may also weigh adultery when determining a spousal support award.
When minor children are involved, the court’s focus remains on the best interests of the child under Va. Code § 20-124.3. Adultery alone rarely changes custody, but if the affair exposed the child to harm or neglect, or if the unfaithful parent’s behavior undermined their parenting capacity, the court can take that into account. In handling family law matters in Virginia Beach, having clear, admissible evidence of the infidelity and its impact is critical to any request for the court to consider it.
Strategy Options for an Adultery Divorce
Pursuing a fault-based divorce requires proving the ground. Virginia law demands “clear and convincing” evidence — stronger than a mere suspicion but less than criminal proof. Mr. Sris and his Of Counsel work with you to evaluate what evidence exists, such as communications, photographs, financial records, or third-party testimony. If you lack admissible proof, a no-fault divorce on the ground of separation may be a more appropriate path.
Many adultery cases settle before trial. The credible threat of proving fault — and the potential financial and reputational consequences — often motivates the other side to negotiate a fair separation agreement. If trial becomes necessary, the Virginia Beach Circuit Court is the venue for presenting your evidence and requesting the relief you need. For a full statutory breakdown, see our comprehensive analysis on srislawyer.com.
About Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is a former prosecutor. His background includes testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised the equitable distribution statute. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. The team handles family law matters throughout Virginia, including representation in the Virginia Beach courts. All Of Counsel are engaged through Excella and contribute their skills to each case under Mr. Sris’s supervision.
Frequently Asked Questions
What must I prove to obtain a divorce on adultery grounds in Virginia?
You must prove by clear and convincing evidence — a higher standard than the usual civil burden — that your spouse committed adultery. Evidence can include direct proof such as eyewitness testimony or admissions, or circumstantial proof showing both inclination and opportunity. An experienced family law attorney can help you assess what evidence is admissible and how to present it in the Virginia Beach Circuit Court.
Does adultery automatically mean I get more property or support?
Adultery is not an automatic ticket to a larger property award. Virginia courts consider the misconduct as one of several factors when determining equitable distribution and spousal support. The financial impact of the affair — such as dissipation of marital funds on the paramour — carries more weight than the moral transgression alone. Mr. Sris and his Of Counsel explain how the court is likely to weigh your particular facts.
Is there a waiting period if I file on adultery grounds?
No. The adultery fault ground under Va. Code § 20-91 has no statutory separation period. Once you have proof and meet Virginia’s six-month residency requirement, you may proceed without waiting. This can be a significant advantage compared to a no-fault divorce that requires a separation of either six months or one year.
Do I need a lawyer to file for an adultery divorce in Virginia Beach?
While you are not legally required to have a lawyer, adultery divorce cases are complex. Proving fault, protecting your financial interests, and navigating the Circuit Court’s procedures demand experienced counsel. Mr. Sris and his Of Counsel have handled fault-based divorces in Virginia since 1997. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your options.
What should I bring to my first consultation about an adultery divorce?
Bring any evidence you have already gathered, including messages, photographs, financial records, or notes about suspicious behavior. Also bring identification, marriage information, and a list of questions you want answered. The initial discussion is confidential and gives you an opportunity to learn how the law applies to your specific circumstances.
How does the adultery divorce process work in Virginia Beach?
After we file your Complaint in the Virginia Beach Circuit Court, your spouse is served and must respond. We can request temporary relief for support or custody if needed. The court may schedule settlement conferences or a trial. Each case moves at its own pace; the timeline depends on the complexity of the issues and the court’s calendar. Throughout, we keep you informed and prepared.
Take the Next Step
Living with the pain of adultery is exhausting, but you do not have to face the legal path alone. Mr. Sris and his Of Counsel offer a confidential consultation to review your evidence, explain your options, and help you decide how to move forward. Reach Law Offices Of SRIS, P.C. at (888) 437-7747. Appointments are available at our Richmond Location — 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 — by appointment only. Serving Virginia Beach, Sandbridge, Oceana, and throughout the Commonwealth.
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