While most divorces in Virginia proceed under the no-fault separation ground, a McLean VA divorce lawyer must be prepared to litigate fault-based grounds such as adultery, felony conviction, desertion, or cruelty. Adultery, in particular, Divorce Lawyers Mclean VA has severe implications, as it can be an absolute bar to spousal support for the guilty party (absent a manifest injustice finding) and can influence the equitable distribution of property. Proving fault requires meeting a high legal standard, often requiring more intensive investigation, including forensic evidence, private investigators, and witness testimony. The strategic use of a fault-based claim—whether as the primary ground for divorce or as leverage in negotiation—requires sophisticated legal judgment. A lawyer ensures that the evidence is admissible and compelling, using it not only to secure the divorce but also to maximize the client’s financial and legal standing within the final decree.

Litigation Strategy for Fault Grounds:

1. Evidence Collection: Utilizing legal discovery tools to obtain admissions, electronic communications, and financial records to establish clear and convincing evidence of the fault ground (especially adultery).

2. Impact on Spousal Support: Aggressively arguing or defending against the statutory bar to alimony based on the established fault of the payor or recipient spouse.

3. Equitable Distribution Leverage: Presenting evidence of "economic fault" (dissipation of marital assets on a paramour) to argue for an unequal division of the marital estate in the client's favor.

4. Client Protection: Advising the client on the emotional and financial cost of pursuing a fault-based litigation and only proceeding when the legal and financial benefits justify the adversarial process.