Divorce & Family Law Attorney in Fauquier County, Virginia
Fauquier County divorce is governed by Virginia statutes, including Va. Code § 20-91 for grounds and Va. Code § 20-107.3 for property division. 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, custody, support, and property division matters in Fauquier County Circuit Court and J&DR 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
Family law in Fauquier County is defined by the Virginia Code. Key statutes include Va. Code § 20-91 (divorce grounds), Va. Code § 20-107.3 (equitable distribution of marital property), Va. Code § 20-108.1 (child support guidelines), Va. Code § 20-124.2 (custody based on the child’s best interests), and Va. Code § 20-107.1 (spousal support factors). Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, the equitable distribution statute.
Last verified: March 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia family law statutes, visit the Virginia Code Title 20, Chapter 6 (official Virginia General Assembly). For court-specific procedures and forms, refer to the Fauquier County General District Court website.
Fauquier County Family Law 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 Document Gathering: Schedule a consultation with Law Offices Of SRIS, P.C. to review your situation. Gather financial documents, marriage certificate, and any existing agreements.
- File the Complaint: Your attorney will file a Complaint for Divorce or other appropriate pleading at the Fauquier County Circuit Court clerk’s office, paying the $86 filing fee.
- Serve the Other Party: The complaint must be formally served on your spouse, typically by sheriff ($12) or a private process server ($50-$100).
- Attend Pendente Lite Hearing (if needed): If temporary orders for support or custody are needed, a hearing will be scheduled within 21-60 days of filing the motion.
- Negotiate Settlement or Prepare for Trial: Engage in settlement negotiations or mediation. If no agreement is reached, the case proceeds to trial where a judge will decide all issues.
Fauquier County Divorce Penalties and Costs
In Fauquier County, divorce carries no criminal penalty but involves court costs, potential support obligations, and equitable distribution of assets and debts.
| Issue | Legal Standard | Potential Outcome | Costs/Fees |
|---|---|---|---|
| Divorce Filing | No-fault or Fault Grounds | Dissolution of Marriage | ~$86 filing fee + service fees |
| Property Division | Equitable Distribution (Va. Code § 20-107.3) | Fair, not necessarily equal, division | Valuation experienced fees may apply |
| Child Support | Virginia Guidelines | Monthly payment based on income | Guidelines calculation |
| Spousal Support | 13 Statutory Factors | Temporary or permanent award | Court discretion |
| Custody/Visitation | Best Interests of Child | Parenting plan ordered | Guardian ad Litem: $500-$2,500+ |
Results may vary. Each case depends on unique facts and circumstances.
Firm Credentials and Local Insight
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, providing a deep, case-specific approach to complex property division matters in Fauquier County.
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
Case Results in Fauquier County
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. These results include dismissals, reductions, and favorable settlements in family law matters.
Results may vary. Prior results do not aim for a similar outcome.
Local Family Law Lawyer Near Fauquier County
Our Fairfax location serves clients at the Fauquier County courts (6 Court Street, Warrenton). We are accessible via I-66, Route 29, and Route 17. 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.
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. 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 ($500-$2,500+) and mediation ($100-$300/hour).
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 Hub | Fairfax County Divorce Lawyer | Fauquier County Criminal Defense Lawyer | Attorney Mr. Sris Profile
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.