Adultery Divorce Lawyer New Kent County — Defending Against Fault-Based Divorce
If you are facing a divorce in New Kent County where adultery is alleged as a ground, you need an experienced adultery divorce lawyer New Kent County. Adultery is a fault-based ground for divorce under Virginia law (Va. Code § 20-91) and can significantly impact spousal support and property division. The Law Offices Of SRIS, P.C.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Virginia Law on Adultery as a Ground for Divorce
In Virginia, adultery is one of several fault-based grounds for divorce, defined under Va. Code § 20-91. Unlike a no-fault divorce based on separation, an adultery divorce requires proof of the extramarital relationship. The accusing spouse (the plaintiff) bears the burden of proving the adultery by clear and convincing evidence. If proven, the court can grant an immediate divorce without a mandatory waiting period. This fault finding can directly influence the court’s decisions on alimony (spousal support) and the equitable distribution of marital property, often disadvantaging the spouse found at fault. An infidelity divorce grounds lawyer New Kent County is essential to challenge evidence and protect your rights.
Key Resources and Statutes
Understanding the legal framework is critical. The official Virginia statute is Va. Code § 20-91 (official Virginia General Assembly). All divorce and equitable distribution cases in New Kent County are filed at the New Kent County Circuit Court located at 12001 Courthouse Circle.
Defending an Adultery Allegation in New Kent County
A cheating spouse divorce lawyer New Kent County understands that defending against an adultery claim involves more than just denial. Virginia courts require corroborating evidence, which can include emails, text messages, witness testimony, or circumstantial evidence. A strong defense strategy may involve challenging the sufficiency of this evidence, proving condonation (forgiveness) or connivance (setting up the act), or demonstrating recrimination (showing the accusing spouse also committed adultery). In New Kent County Circuit Court, these cases require meticulous preparation. Mr. Sris, who personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), brings deep insight into how fault can impact financial outcomes.
- Initial Consultation: Discuss the allegations and evidence confidentially with your attorney.
- Evidence Review: Your lawyer will analyze all evidence presented by the other side for admissibility and strength.
- Defense Strategy: Develop a legal strategy, which may include filing counterclaims or motions to suppress evidence.
- Negotiation: Attempt to reach a settlement that avoids a public trial and a formal fault finding.
- Trial Preparation: If the case proceeds to trial, prepare to vigorously cross-examine witnesses and present your case.
- Post-Trial Issues: Address the court’s rulings on divorce, support, and property division, and file any necessary appeals.
Potential Consequences of an Adultery Finding
In New Kent County, a proven allegation of adultery can lead to the denial of spousal support to the at-fault spouse and can influence the court’s division of marital assets under equitable distribution.
| Issue | Potential Impact of Adultery Finding |
|---|---|
| Spousal Support (Alimony) | The court may deny support to the spouse who committed adultery or reduce the amount awarded. |
| Equitable Distribution | Fault, including adultery, is a factor the court may consider when dividing marital property (Va. Code § 20-107.3). |
| Custody & Visitation | Only impacted if the adulterous behavior is shown to directly harm the child’s best interests. |
| Divorce Timeline | Divorce can be granted immediately upon proof, bypassing the 6-month or 1-year separation period. |
| Legal Costs | Contested fault divorces often involve more discovery and litigation, increasing costs. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Adultery Divorce Case
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. Mr. Sris’s unique background includes personally amending Virginia’s key equitable distribution statute, Va. Code § 20-107.3, giving our team unparalleled insight into how fault allegations like adultery are weighed by Virginia courts in financial settlements.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results and Client Advocacy
In New Kent County and across Virginia, our firm has a documented history of achieving favorable resolutions in family law cases. We have successfully defended clients against adultery allegations, often by negotiating settlements that avoid a formal fault finding or by challenging insufficient evidence at trial. Our secondary attorney on complex matters, Mr. Sris, provides strategic oversight drawing from his decades of experience and unique legislative background. Results may vary. Prior results do not guarantee a similar outcome.
Contact Our New Kent County Adultery Divorce Lawyer
Our Richmond location serves clients throughout New Kent County, including Providence Forge and Quinton. We are accessible via I-64 and Route 33. If you need an adultery divorce lawyer near New Kent County Courthouse, we are here to help.
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
By appointment only. 24/7 phone consultations available.
Adultery Divorce in New Kent County: Frequently Asked Questions
How do you prove adultery in a Virginia divorce?
It depends. Proof requires clear and convincing evidence, which can be direct (e.g., admission, eyewitness) or compelling circumstantial evidence (e.g., communications, hotel receipts). The evidence must show both opportunity and inclination. Corroboration is typically required, meaning one piece of evidence alone is often insufficient.
Can I get spousal support if my spouse committed adultery?
Yes, but it is less likely. Under Va. Code § 20-107.1, a spouse’s adultery is a specific factor the court must consider and is often a bar to receiving support. However, the court retains discretion based on all circumstances, including financial need and the duration of the marriage.
Does adultery affect child custody in Virginia?
Generally, no, unless it is proven to directly harm the child’s best interests. Custody decisions under Va. Code § 20-124.3 focus on the parent-child relationship, not marital misconduct. However, if the affair introduces instability or inappropriate persons into the child’s home, it could become a relevant factor.
What is the difference between a no-fault and adultery divorce in Virginia?
A no-fault divorce is based on living separate and apart for a statutory period (6 months or 1 year) with no requirement to prove wrongdoing. An adultery divorce is a fault-based proceeding where one spouse must prove the other’s infidelity. A fault divorce can be granted immediately but involves a contested evidentiary process.
Should I admit to adultery if my spouse asks?
No. You should never admit to any fault ground without first consulting an infidelity divorce grounds lawyer New Kent County. An admission can be used as evidence against you and can severely impact your rights to spousal support and property. Always seek legal counsel before discussing the case.
Internal Resources: For more information, see our Virginia Family Law overview. We also assist with related matters like criminal defense in New Kent County and DUI defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.