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, 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 at the Fauquier County Circuit Court.
Virginia requires a 6-month separation for no-fault divorce if you have no minor children and a signed agreement, or a 1-year separation if you have minor children.
Virginia Family Law Statutes for Fauquier County
Family law matters in Fauquier County are controlled by the Virginia Code. The primary statutes include Va. Code § 20-91 (divorce grounds), § 20-107.3 (equitable distribution of marital property), § 20-108.1 (child support guidelines), § 20-124.2 (custody based on the child’s best interests), and § 20-107.1 (spousal support factors). Virginia is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally, based on statutory factors.
Last verified: March 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s family law statutes, visit the Virginia Code Title 20, Chapter 6 (official Virginia General Assembly). For Fauquier County court information, see 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 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.
- Initial Consultation and Strategy: Schedule a consultation with Law Offices Of SRIS, P.C. to review your situation, Virginia divorce laws, and develop a case-specific approach.
- Filing the Complaint: Your attorney will prepare and file the divorce complaint with the Fauquier County Circuit Court clerk, paying the required filing fee.
- Service of Process and Response: The complaint is served on your spouse, who has 21 days to file an answer. Negotiations for a settlement agreement may begin.
- Discovery and Temporary Hearings: If contested, both sides exchange financial documents. Pendente lite hearings for temporary support or custody can be requested.
- Settlement or Trial: Most cases settle through mediation or negotiation. If not, the case proceeds to trial before a Fauquier County Circuit Court judge.
Fauquier County Divorce Penalties and Costs
In Fauquier County, divorce carries no criminal penalty but involves court costs, potential spousal support, child support, and division of assets and debts under equitable distribution principles.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Divorce (Uncontested) | Civil Proceeding | N/A | Filing fee ~$86 + service fees | Division of property, potential support orders |
| Divorce (Contested) | Civil Proceeding | N/A | Filing fee ~$86 + higher legal costs | Court-ordered property division, support, possible attorney fees award |
| Child Support Non-Payment | Contempt of Court | Up to 12 months | Fines + arrears | License suspension, lien on property |
Results may vary. The outcomes described are not guarantees.
Firm Credentials and Local Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined attorney experience. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team direct insight into the law’s application in Fauquier County Circuit Court.
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 for our clients.
Results may vary. Prior results do not aim for a similar outcome.
Local Family Law Office Serving Fauquier County
Our Fairfax location serves clients at the Fauquier County courts (6 Court Street, Warrenton). We are a family law lawyer near Warrenton and the surrounding communities. We serve Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Phone: (888) 437-7747 | (703) 636-5417
By appointment only.
Frequently Asked Questions
How long does a divorce take in Fauquier County, Virginia?
Uncontested divorce with a signed separation agreement takes 2-4 months from filing to final decree. A contested divorce typically takes 9-18 months. Complex cases with business valuation can take 12-24 months. Pendente lite hearings for temporary matters are usually set within 21-60 days.
How much does a divorce cost in Fauquier County, Virginia?
The Fauquier County Circuit Court filing fee is approximately $86. Additional costs include service of process ($12-$100), pendente lite motion fees, Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300 per hour per party). Attorney fees vary by case complexity.
Is Virginia a community property state?
No. Virginia is an equitable distribution state. Marital property is divided fairly based on 11 factors in Va. Code § 20-107.3, which Mr. Sris personally amended. The division is not necessarily 50/50. Separate property 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. The court considers 10 factors, including each parent’s role, the child’s relationship with each parent, and any history of abuse. Standalone custody cases go to J&DR Court; custody within divorce goes to Circuit Court.
What are the grounds for divorce in Virginia?
No-fault grounds require a 6-month separation (no minor children with agreement) or a 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion for one year, and felony conviction with imprisonment for one year or more.
Related Legal Resources
Virginia Family Law Lawyer Hub | Fairfax County Divorce Lawyer | Fauquier County Criminal Defense Lawyer | Attorney Bryan Block Profile
Last verified: March 2026. Information updated as of March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.