In Fauquier County, Virginia divorce follows equitable distribution under Va. Code § 20-107.3, requiring a 6-month or 1-year separation. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County. Our team handles contested and uncontested divorce, custody, and support matters.
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, which was personally amended by Mr. Sris. Fauquier County Circuit Court handles all divorce, equitable distribution, and spousal support matters. No-fault divorce 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 present. Fault grounds include adultery, cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. Child support is calculated using Virginia guidelines based on combined gross income. Spousal support is determined by 13 statutory factors. Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris.
For official Virginia family law statutes, visit Virginia Code Title 20 (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. Mediation is available but not mandatory in Virginia. Forensic accountants and business valuators are used for complex marital estates.
- 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).
- Complete discovery, including financial disclosures and asset valuations.
- Attend mediation if ordered or agreed upon by both parties.
- Proceed to final hearing or trial for entry of the final divorce decree.
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 | Legal Standard | Timeline | Costs | Additional Considerations |
|---|---|---|---|---|
| Uncontested Divorce | No-fault, 6-month or 1-year separation | 2-4 months from filing | $86 filing fee | Requires signed separation agreement |
| Contested Divorce | Fault or no-fault grounds | 9-18 months | $86 filing fee + discovery costs | May require trial |
| Child Custody | Best interests of the child (10 factors) | Varies by case | Guardian ad Litem: $500-$2,500+ | J&DR Court handles standalone custody |
| Child Support | Virginia guidelines based on combined income | Ongoing | Modification filing fee | Can be modified upon material change |
| Spousal Support | 13 statutory factors | Varies by case | Pendente lite motion costs | Duration depends on marriage length |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience across VA, MD, DC, NJ, and NY. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, which governs how marital property is divided in divorce cases. This amendment represents a significant contribution to Virginia family law. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, Managing Attorney, also handles Fauquier County family law cases. Mr. Sris is a former prosecutor who founded the firm in 1997 and personally amended Va. Code § 20-107.3. He is admitted to practice in VA, MD, DC, NJ, and NY.
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.
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, Route 29, and Route 17.
Looking for a family law lawyer near Fauquier County? Our firm serves clients throughout the area.
We serve the communities of 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. — Fairfax Location
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
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. Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault. Fauquier County Circuit Court handles all divorces.
How much does a divorce cost in Fauquier County, Virginia?
It depends. 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. Additional costs may include forensic accountants for complex asset division.
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 (pre-marriage, inheritance, gifts) is excluded from division.
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. Fauquier County Circuit Court handles custody within divorce 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. Circuit Court filing fee for divorce complaint: approximately $86.
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.