Divorce & Family Law Attorney in Fauquier County, Virginia
Fauquier County divorce cases are governed by Virginia’s equitable distribution system under Va. Code § 20-107.3, which Mr. Sris personally amended. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County with a 97% favorable outcome rate. We provide full representation for divorce, child custody, support, and property division matters at the Fauquier County Circuit Court.
Virginia Family Law Statutes
Virginia is an equitable distribution state, not a community property state. This means marital property is divided fairly but not necessarily equally. The court considers 11 factors under Va. Code § 20-107.3, including each spouse’s contributions, the duration of the marriage, and the economic circumstances of each party. Separate property acquired before marriage, through inheritance, or as a gift remains with the original owner.
Last verified: March 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 20-91 (divorce grounds) and § 20-107.3 (equitable distribution) — official Virginia General Assembly statutes
- Fauquier County General District Court website — court information and procedures
Fauquier County Family Court Procedures
Fauquier County Circuit Court handles all divorce, equitable distribution, and spousal support matters. The Juvenile and Domestic Relations Court handles standalone custody, visitation, child support, and protective orders. Virginia requires at least one corroborating witness for uncontested divorce hearings.
- File a divorce complaint at the Fauquier County Circuit Court clerk’s office with the $86 filing fee.
- Serve the complaint on your spouse through sheriff service ($12) or private process server.
- If contested, attend a pendente lite hearing within 21-60 days for temporary support and custody orders.
- Complete mandatory financial disclosures and participate in discovery if assets are complex.
- Attend mediation if ordered by the court or pursue settlement negotiations.
- Proceed to trial if settlement cannot be reached, typically 9-18 months after filing.
Fauquier County Divorce Requirements and Costs
In Fauquier County, divorce requires a 6-month separation with no minor children and a signed agreement, or a 1-year separation with minor children.
| Offense | Classification | Timeline | Court Costs | Additional Requirements |
|---|---|---|---|---|
| Uncontested Divorce | No-fault | 2-4 months | $86 filing + $12 service | Signed separation agreement |
| Contested Divorce | No-fault or fault | 9-18 months | $86+ filing + discovery costs | Mediation often required |
| Complex Asset Division | Equitable distribution | 12-24 months | $86+ filing + experienced fees | Forensic accountant valuation |
Results may vary based on case specifics and court decisions.
Fauquier County Family Law Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris, who personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Our firm has over 120 years of combined attorney experience and 4,739+ documented case results firm-wide. We serve Fauquier County families with direct access to attorneys who understand local court procedures.
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
Fauquier County Case Results
Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County across all practice areas, with a 97% favorable outcome rate. Our Fauquier County family law results include successful property division settlements, favorable custody arrangements, and appropriate support determinations.
Results may vary. Prior results do not aim for similar outcomes.
Fauquier County Family Law Office
Our Fairfax location serves clients at Fauquier County courts (6 Court Street, Warrenton), accessible via I-66, Route 29, and Route 17. We are a family law lawyer near Fauquier County serving Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
(703) 636-5417
By appointment only
Frequently Asked Questions
How long does a divorce take in Fauquier County, Virginia?
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: 12-24 months. Pendente lite hearing for temporary support: typically within 21-60 days of motion.
How much does a divorce cost in Fauquier County, Virginia?
Circuit Court filing fee: approximately $86. Sheriff service: approximately $12. Private process server: $50-$100. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and 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. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Fauquier County, Virginia?
Custody is based on the child’s best interests under Va. Code § 20-124.3, considering 10 factors including each parent’s role and the child’s relationship with each parent. Fauquier County J&DR Court handles standalone custody cases.
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.
Related Legal Services
- Virginia Family Law Lawyer — state-wide hub page
- Fairfax County Family Law Lawyer — nearby locality
- Fauquier County Criminal Defense Lawyer — different practice area
- Mr. Sris Attorney Profile — primary attorney
Last verified: March 2026. Information current as of March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed as formal legal advice nor the formation of a lawyer/client relationship. Prior results do not aim for a similar outcome.