In Fauquier County, Virginia, divorce follows equitable distribution under Va. Code § 20-107.3, personally amended by Mr. Sris. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County. Our Fauquier County family law team handles divorce, custody, and support matters at the Fauquier County Circuit Court.
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 when dividing property. Mr. Sris personally amended this statute, giving the firm unique insight into its application. For no-fault divorce, Virginia requires a 6-month separation if no minor children are involved and a signed separation agreement exists, or a 1-year separation if minor children are involved. Fault grounds include adultery, cruelty, desertion for 1 year, and felony conviction with imprisonment for 1+ year.
For the official Virginia divorce statutes, see Va. Code § 20-91 (divorce grounds) (official Virginia General Assembly). For Fauquier County court information, visit the Fauquier County General District Court website.
Fauquier County Circuit Court handles all divorce, equitable distribution, and spousal support matters. Fauquier County Juvenile and Domestic Relations Court handles standalone custody, visitation, child support, and protective orders. Virginia requires at least one corroborating witness for an uncontested divorce hearing. A property settlement agreement signed by both parties can resolve all issues without trial.
- File a complaint for divorce at Fauquier County Circuit Court, 6 Court Street, Warrenton, VA 20186.
- Serve the complaint on your spouse through sheriff service ($12) or private process server ($50-$100).
- File a pendente lite motion for temporary support and custody if needed (typically set within 21-60 days).
- Attend mediation (optional but recommended; $100-$300/hour per party).
- Attend final hearing with corroborating witness for uncontested divorce.
In Fauquier County, Virginia family law matters involve equitable distribution of marital property, child support calculated under Virginia guidelines, and spousal support based on 13 statutory factors.
| Issue | Classification | Standard | Timeline | Cost | Additional Considerations |
|---|---|---|---|---|---|
| Uncontested Divorce | No-fault | 6-month separation (no children) or 1-year (with children) | 2-4 months from filing | $86 filing fee + service costs | Signed separation agreement required |
| Contested Divorce | Fault or no-fault | Grounds must be proven | 9-18 months | $86 filing fee + litigation costs | May require Guardian ad Litem ($500-$2,500+) |
| Child Custody | Best interests of child | 10 factors under Va. Code § 20-124.3 | Varies | Guardian ad Litem: $500-$2,500+ | J&DR Court handles standalone custody |
| Child Support | Virginia guidelines | Based on combined gross income | Ongoing | Modification available | Enforcement through contempt proceedings |
| Spousal Support | 13 statutory factors | Duration and amount based on circumstances | Varies | Modification available | Tax implications under current law |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience across its attorneys. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, demonstrating deep legislative knowledge and influence in family law. The firm has 4,739+ total documented case results firm-wide across VA, MD, NJ, NY, and DC, with a 93%+ favorable outcome rate.
Mr. Sris, Managing Attorney of Law Offices Of SRIS, P.C., also handles Fauquier County family law matters. Mr. Sris is a former prosecutor with bar admissions in VA, MD, DC, NJ, and NY. He personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute.
Law Offices Of SRIS, P.C. has 73 total documented case results across all practice areas in Fauquier County, with a 97% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results across VA, MD, NJ, NY, and DC, with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is approximately 35 miles from Fauquier County Circuit Court, accessible via I-66 and Route 29. If you need a divorce and family law lawyer near Fauquier County, we serve clients in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
How long does a divorce take in Fauquier County, Virginia?
It depends. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree. Contested divorce: 9-18 months. Complex equitable distribution with business valuation or retirement assets: 12-24 months. Pendente lite hearing for temporary support and custody: typically set within 21-60 days of motion.
How much does a divorce cost in Fauquier County, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Pendente lite motion: additional court costs. Guardian ad Litem for custody: typically $500-$2,500+. Mediation: $100-$300/hour per party.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Fauquier County Circuit Court handles all property division. Separate property is excluded.
How is child custody decided in Fauquier County, Virginia?
Custody in Fauquier County is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Fauquier County J&DR Court handles standalone custody.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Fauquier County Circuit Court.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.