Fault Based Divorce Lawyer Near Me
When you search for a fault based divorce lawyer near you, you are looking for an attorney who can guide you through a divorce founded on one spouse’s misconduct. Law Offices Of SRIS, P.C. Concentrates its practice on family law matters across Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris, Owner and Founder, and his Of Counsel bring over 120 years of combined legal experience to every case. Results may vary. The firm’s approach is built on a thorough understanding of state-specific divorce grounds and a commitment to working toward outcomes that protect your financial interests, your parental rights, and your peace of mind. Whether you are in Arlington, Fairfax, or anywhere across the five jurisdictions, our attorneys are prepared to help you evaluate whether a fault-based divorce is the right path. For a confidential consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding Fault Based Divorce
A fault based divorce is one in which the party requesting the divorce alleges that the other spouse’s wrongful conduct caused the breakdown of the marriage. The availability of fault grounds depends entirely on the applicable state law. Law Offices Of SRIS, P.C. represents clients in multiple jurisdictions where the legal landscape varies significantly.
In Virginia, Va. Code § 20-91 permits a court to grant a divorce on fault grounds including adultery, cruelty, willful desertion, or conviction of a felony resulting in confinement for more than one year. These grounds, if proven, can affect the division of marital property and an award of spousal support. Virginia is an equitable distribution state, meaning property is divided fairly—not necessarily equally—after considering factors such as the circumstances that led to the divorce. A fault finding can influence how the court weighs those factors.
Maryland and the District of Columbia, by contrast, have removed fault grounds from their divorce statutes. In Maryland, since October 2023, only mutual consent, six-month separation, or irreconcilable differences are available. In the District of Columbia, Elaine’s Law (effective 2024) provides a single no-fault ground: an assertion that the parties no longer wish to remain married. New Jersey and New York also allow no-fault divorce, but fault grounds remain available in New York for certain purposes. Because the rules vary, working with a team that practices across multiple states helps you understand how fault grounds—or their absence—may shape your case.
How Mr. Sris and His Of Counsel Approach Fault Based Divorce Cases
Mr. Sris and his Of Counsel bring a comprehensive strategy to each fault based divorce. The process begins with a detailed consultation to determine whether fault grounds are supportable under the applicable law and whether pursuing them aligns with your overall goals. The team examines the facts, gathers evidence, and assesses the impact on asset division, support, and child custody.
If litigation is necessary, the case is filed in the appropriate circuit court. In Virginia, for example, the Circuit Court has exclusive jurisdiction over divorce, while matters of custody and support may proceed in the Juvenile and Domestic Relations District Court. The firm handles all procedural stages: drafting and filing the complaint, discovery, motions, settlement negotiations, and trial if no agreement is reached. Throughout, Mr. Sris and his Of Counsel prioritize clear communication, helping clients understand court deadlines, what to expect at hearings, and how the court’s scheduling calendar may affect the timeline. Because every divorce is unique, the firm avoids one-size-fits-all timelines and instead focuses on building a well-prepared case for each client.
About Mr. Sris and His Of Counsel Team
Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C. He has practiced since 1997 and is admitted to the bars of Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he understands how the other side builds a case and uses that insight to construct effective strategies for clients. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised the state’s equitable distribution statute. His background in accounting and information systems further strengthens his ability to handle complex financial issues that often arise in fault based divorces.
Mr. Sris works alongside a team of Of Counsel attorneys who collectively contribute decades of litigation experience. The firm’s structure ensures that clients receive collaborative attention while benefiting from the thorough knowledge of attorneys familiar with local court procedures. Every attorney at the firm has well over a decade of practice experience. Mr. Sris and his Of Counsel have documented over 4,739 case results since 1997. Results may vary.
Frequently Asked Questions About Fault Based Divorce
What is fault based divorce?
A fault based divorce is a divorce sought on the grounds that one spouse’s wrongful conduct caused the marriage to fail. In jurisdictions that still recognize fault, grounds may include adultery, cruelty, desertion, or felony conviction. Fault can affect property division and support. However, many states now emphasize no-fault options; whether fault remains available depends entirely on the applicable state statute. A family law attorney can explain which grounds apply in your jurisdiction and whether pursuing fault serves your long-term interests.
How does fault affect property division and spousal support in Virginia?
In Virginia, fault is one of the factors a court may consider when determining equitable distribution under Va. Code § 20-107.3. If a spouse’s misconduct caused the breakdown of the marriage, the court may weigh that fact when dividing marital assets or deciding whether to award spousal support. The weight given to fault varies by case. A judge retains broad discretion, and the outcome depends on all the circumstances, including the duration of the marriage, each party’s financial situation, and contributions to the family.
Do I need a lawyer for a fault based divorce?
While you are not legally required to hire a lawyer, fault based divorce involves proving the alleged misconduct, which can require substantial evidence. The rules of evidence, court procedure, and the interplay between fault and financial issues are complex. An experienced attorney can help you gather and present evidence, protect your rights during discovery, and negotiate a resolution that reflects the realities of your situation. For guidance, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How long does a fault based divorce take?
The timeline for a fault based divorce depends on the complexity of the case, the court’s calendar, and whether the parties can reach an agreement. Cases where the fault grounds are contested may take longer because additional discovery and hearings are often required. The firm works to move the matter forward efficiently while ensuring a thorough presentation of the issues. There is no fixed timeline that applies to all fault based divorces; the duration is determined by the specific facts and the court’s scheduling.
How can I find a fault based divorce lawyer near me?
You can start by contacting a multi-state firm like Law Offices Of SRIS, P.C. That serves clients across Virginia, Maryland, DC, New Jersey, and New York. Because the firm’s attorneys appear in courts throughout these jurisdictions, they can help whether you are in Northern Virginia, suburban Maryland, or elsewhere. Call (888) 437-7747 to speak with a member of our team and schedule a consultation. The firm’s network of Of Counsel attorneys ensures that your matter can be directed to attorneys with deep familiarity with the local court where your case will be heard.
What if my spouse contests the fault grounds?
When a spouse contests the alleged fault, the case may move toward trial. Discovery becomes especially important: the firm may seek documents, take depositions, and subpoena records to support your position. The court will ultimately decide whether the evidence meets the statutory standard for the fault ground alleged. Throughout the process, the firm remains prepared to negotiate a settlement if that path serves your goals better than continued litigation.
Related Practice Areas:
Virginia Divorce Lawyer |
Maryland Divorce Lawyer |
Washington DC Divorce Lawyer |
New Jersey Divorce Lawyer |
New York Divorce Lawyer
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.