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Fault Based Divorce Lawyer Near Me

Filing for divorce on fault grounds can change how property is divided, whether spousal support is awarded, and how quickly a divorce decree is entered. Law Offices Of SRIS, P.C., founded in 1997, represents clients in fault-based divorce matters across Virginia, New Jersey, and New York, where statutes still recognize marital misconduct as a factor in divorce proceedings. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel team are experienced in handling the evidentiary and procedural demands that a fault-based divorce presents, from gathering corroborating proof to presenting the case in court. While Maryland and the District of Columbia have moved to a no-fault-only framework, the firm’s multi-state practice means you can speak with an attorney familiar with the jurisdictions where fault grounds remain available. For a confidential consultation, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Fault Based Divorce Means

In a fault-based divorce, the spouse seeking the divorce alleges that the other spouse engaged in specific misconduct that caused the breakdown of the marriage. Unlike a no-fault divorce, which requires only a period of separation or a statement that the marriage is irretrievably broken, a fault divorce demands proof of one of the statutory grounds established by the legislature. Virginia, for example, authorizes fault grounds under Va. Code § 20-91, including adultery, cruelty, willful desertion or abandonment for one year, and conviction of a felony resulting in confinement for more than one year. New Jersey similarly permits divorce on fault grounds such as adultery, extreme cruelty, and desertion. New York’s Domestic Relations Law recognizes fault grounds including adultery, cruel and inhuman treatment, abandonment, and imprisonment. Because the burden of proof lies with the party alleging fault, these cases often involve gathering documentary evidence, engaging private investigators, and preparing for contested hearings.

Law Offices Of SRIS, P.C. Concentrates its practice on helping clients evaluate whether pursuing fault grounds is strategically appropriate. The consequences go beyond the divorce itself: a finding of fault can influence equitable distribution of marital property, the duration or amount of spousal support, and even custody determinations if the misconduct affects the child’s best interests. Mr. Sris and his Of Counsel bring extensive combined legal experience to assessing the viability of fault claims and mapping out the litigation path.

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

When a client considers a fault-based divorce, the team begins by reviewing the facts against each state’s statutory requirements. The goal is to determine what evidence exists, how discoverable it is, and whether the anticipated benefit of proving fault outweighs the additional cost and emotional strain of a contested proceeding. In Virginia, where fault grounds can eliminate the otherwise required separation period, moving on fault can accelerate the final decree. In New Jersey and New York, fault may bear on the court’s equitable distribution analysis and support determinations.

Mr. Sris and his Of Counsel work with the client to collect necessary documentation—electronic records, financial statements, witness accounts—and to navigate discovery devices such as interrogatories and depositions. They appear in the circuit court or superior court where the divorce is filed, present the evidence, and advocate for a result aligned with the client’s objectives. Because each case is different, the timeline and strategy are shaped by the specific facts, the other party’s response, and the judicial calendar. Throughout, the team focuses on protecting the client’s interests while complying with local procedural rules.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since founding the firm in 1997. He is a former prosecutor, a background that informs his approach to gathering and challenging evidence in contested divorce cases. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).

The firm’s Of Counsel attorneys—all experienced litigators engaged through Excella—support fault-based divorce matters under Mr. Sris’s direction. Together, Mr. Sris and his Of Counsel bring extensive combined legal experience to the analysis of fault grounds and the presentation of evidence. They work collaboratively to ensure that every case receives careful, multi-faceted attention. Clients benefit from a team that understands how fault allegations play out in the specific courts where these matters are heard.

Frequently Asked Questions

What is a fault-based divorce?

A fault-based divorce is one in which the filing spouse alleges a specific statutory ground of marital misconduct by the other spouse, such as adultery or cruelty, rather than simply relying on a no-fault separation period. The party asserting fault must present evidence that satisfies the statutory standard. Because the grounds and the consequences differ across states, speaking with an attorney who practices in the relevant jurisdiction is essential.

In which states can I file for a fault-based divorce?

Fault grounds for divorce remain available in Virginia, New Jersey, and New York, among others, but have been eliminated in Maryland and the District of Columbia. Virginia recognizes adultery, cruelty, desertion, and felony conviction as fault grounds under Va. Code § 20-91. New Jersey and New York similarly retain statutory fault grounds. Maryland and D.C. Have transitioned to no-fault-only frameworks, so fault allegations no longer serve as a direct basis for divorce in those jurisdictions.

What are the fault grounds for divorce in Virginia?

Under Va. Code § 20-91, Virginia permits divorce on the fault grounds of adultery, cruelty (including reasonable apprehension of bodily hurt), willful desertion or abandonment for one year, and conviction of a felony resulting in confinement for more than one year. Proving any of these grounds requires clear and convincing evidence, and the process can be complex. An experienced family law attorney can help assess the viability of a fault claim before filing.

Do I need a lawyer to pursue a fault-based divorce?

While you are not legally required to hire a lawyer, pursuing a fault-based divorce without one is difficult because you must meet strict evidentiary standards, comply with procedural rules, and present your case in court. A lawyer can evaluate whether fault grounds are provable, gather admissible evidence, and protect your interests during the litigation. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How can a fault-based divorce affect property division and support?

A finding of marital fault can influence equitable distribution of property and the amount or duration of spousal support, though the precise impact varies by state. In Virginia, for example, fault is one of the factors a court considers under Va. Code § 20-107.3 when dividing marital assets. In New Jersey and New York, fault may also affect the court’s discretionary decisions on support and distribution. However, Results may vary. in your case.

How do I find a fault-based divorce lawyer near me?

You can reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation about your fault-based divorce matter, regardless of where you live in the firm’s service area. The firm practices in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and Mr. Sris and his Of Counsel are available to discuss your circumstances and whether fault grounds apply in your jurisdiction. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Official primary sources:
Virginia Code § 20-91 (divorce grounds) |
New Jersey Courts |
New York Domestic Relations Law

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