Divorce & Family Law Attorney in Fauquier County, Virginia
Fauquier County divorce is governed by Virginia’s equitable distribution laws under Va. Code § 20-107.3, requiring a 6-month or 1-year separation for no-fault grounds. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County with a 97% favorable outcome rate. Our firm provides full representation for divorce, child custody, and property division matters filed at Fauquier County Circuit Court.
Virginia is not a community property state; marital assets are divided fairly based on 11 statutory factors. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute.
Virginia Family Law Statutes
Virginia family law cases in Fauquier County are governed by specific statutes. Va. Code § 20-91 establishes divorce grounds, including no-fault separation periods and fault grounds like adultery. Va. Code § 20-107.3 controls equitable distribution of marital property, considering factors like each spouse’s contributions and the marriage duration. Va. Code § 20-124.3 outlines the child’s best interests standard for custody decisions. Va. Code § 20-108.1 provides the child support guidelines calculator.
Last verified: March 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
For the complete text of Virginia family law statutes, visit the Virginia Code Title 20, Chapter 6 (Domestic Relations). For Fauquier County court information, forms, and procedures, refer to the Fauquier County General District Court website.
Fauquier County Family Court Process
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 an uncontested divorce hearing.
- Initial consultation and document gathering: Schedule a consultation with Law Offices Of SRIS, P.C. to discuss your situation. Gather financial documents, marriage certificate, and any existing agreements.
- File the complaint at Fauquier County Circuit Court: Your attorney files the divorce complaint at the Circuit Court clerk’s office, paying the $86 filing fee. The sheriff serves the complaint to your spouse.
- Attend pendente lite hearing if needed: If temporary support or custody orders are needed, attend a pendente lite hearing within 21-60 days of filing the motion.
- Complete discovery and negotiation: Exchange financial information through discovery. Negotiate a settlement agreement covering property division, support, and custody if possible.
- Final hearing or trial: Attend the final uncontested hearing if settled, or proceed to trial before a judge if issues remain contested.
Fauquier County Divorce Penalties and Costs
In Fauquier County, divorce carries no criminal penalties but involves court costs, attorney fees, and potential financial obligations like child support and spousal support.
| Issue | Classification | Financial Impact | Additional Consequences |
|---|---|---|---|
| Divorce Filing | Civil Action | $86 filing fee + service costs | 6-month or 1-year separation required |
| Child Support | Guideline Calculation | Based on combined income & custody | Enforceable by contempt |
| Property Division | Equitable Distribution | Fair division of marital assets | Separate property excluded |
| Spousal Support | Discretionary Award | Based on 13 statutory factors | Modifiable based on change |
Results may vary. Each case depends on unique facts and circumstances.
Firm Credentials and Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm has over 120 years of combined attorney experience and 4,739+ documented case results firm-wide. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in Virginia family law development.
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 total documented case results across all practice areas in Fauquier County, with a 97% favorable outcome rate. Our firm-wide results include 4,739+ cases across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Results may vary. Prior results do not aim for a similar outcome.
Local Family Law Representation
Our Fairfax location serves clients at Fauquier County courts (6 Court Street), accessible via I-66, Route 29, and Route 17. We provide family law lawyer services near Warrenton and throughout Fauquier County.
We serve the Warrenton, New Baltimore, Bealeton, Marshall, and The Plains communities.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Phone: (888) 437-7747 | Local: (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 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).
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.
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 | Fairfax County Family Law Lawyer | Fauquier County Criminal Defense Lawyer | Attorney Profile
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.