Divorce & Family Law Attorney in Fauquier County, Virginia
Fauquier County divorce and family law matters are governed by Virginia statutes including Va. Code § 20-107.3 for equitable distribution. 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, support, and property division in Fauquier County Circuit Court and Juvenile and Domestic Relations Court.
Virginia requires a 6-month separation for no-fault divorce without minor children or a 1-year separation with minor children. Fault grounds include adultery, cruelty, and desertion.
Virginia Family Law Statutes
Family law in Fauquier County is defined by the Virginia Code. Key statutes include Va. Code § 20-91 (divorce grounds), § 20-107.3 (equitable distribution), § 20-108.1 (child support guidelines), and § 20-124.2 (custody best interests). Virginia is an equitable distribution state, meaning marital property is divided fairly based on 11 statutory factors, not necessarily 50/50. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, bringing direct legislative experience to your case.
Last verified: March 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
For the most current information, consult these official government sources:
- Va. Code Title 20, Chapter 6 (Domestic Relations) – Official Virginia family law statutes.
- Fauquier County General District Court – Official court website with forms and procedures.
Fauquier County Family Law Procedure
Fauquier County Circuit Court handles all divorce, equitable distribution, and spousal support matters at 6 Court Street in Warrenton. 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.
- File the initial complaint: File a Complaint for Divorce or other family law action with the Fauquier County Circuit Court clerk. Pay the $86 filing fee and arrange for service of process on your spouse.
- Attend the pendente lite hearing: If temporary support or custody orders are needed, file a motion for pendente lite relief. The court typically schedules a hearing within 21-60 days.
- Complete discovery: Exchange financial disclosures, respond to interrogatories, and conduct depositions if necessary. For complex estates, engage forensic accountants for business valuation.
- Attempt settlement or mediation: Participate in settlement negotiations or voluntary mediation to resolve property division, support, and custody issues without a trial.
- Proceed to trial if needed: If settlement fails, the case proceeds to trial before a Fauquier County Circuit Court judge, who will decide all contested issues based on Virginia law.
Fauquier County Family Law Penalties & Standards
In Fauquier County, family law matters follow Virginia’s equitable distribution standard for property division and statutory guidelines for child support.
| Issue | Legal Standard / Classification | Financial Impact | Additional Consequences |
|---|---|---|---|
| Property Division | Equitable Distribution (Va. Code § 20-107.3) | Marital property divided fairly based on 11 factors | Separate property (pre-marriage, inheritance) excluded |
| Child Support | Virginia Guidelines (Va. Code § 20-108.1) | Based on combined gross income and number of children | Medical and childcare expenses added |
| Spousal Support | 13 Statutory Factors (Va. Code § 20-107.1) | Determined by need and ability to pay | May be modifiable based on changed circumstances |
| Divorce Waiting Period | No-fault: 6-month or 1-year separation | Court costs: $86 filing fee + service fees | Fault grounds (adultery, cruelty) have no waiting period |
Results may vary. Each case depends on unique facts and circumstances.
Firm Credentials & Authority
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to family law cases in Fauquier County. Our founding attorney personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), providing rare legislative insight into property division law. This direct experience with the statute’s language and intent offers a distinct advantage in complex marital estate cases.
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 for our clients. These results include dismissals, favorable settlements, and reductions in support obligations.
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, Warrenton), accessible via I-66, Route 29, and Route 17. As a family law lawyer near Warrenton and the surrounding communities, we provide convenient access for Fauquier County residents.
We serve clients in 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
Phone: (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. Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault.
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. Additional costs include Guardian ad Litem for custody and mediation.
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). Separate property (pre-marriage, inheritance, gifts) 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. 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.
Related Legal Resources
Virginia Family Law Lawyer – Our state hub page for family law information.
Fairfax County Family Law Lawyer – Representation in neighboring Fairfax County.
Fauquier County Criminal Defense Lawyer – Related practice area in the same locality.
Mr. Sris Attorney Profile – Learn more about your attorney’s background and experience.
Last verified: March 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.