In Fauquier County, Virginia family law matters including divorce and custody are governed by Va. Code § 20-91 and § 20-107.3. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County with a 97% favorable outcome rate. Mr. Sris personally amended Virginia’s equitable distribution statute. Consultation by appointment.
Virginia Family Law Statutes in Fauquier County
Virginia family law is governed by multiple statutes. Divorce grounds are found under Va. Code § 20-91, which provides for no-fault divorce after a 6-month separation (with no minor children and a signed separation agreement) or a 1-year separation (with minor children). Fault grounds include adultery, cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. Equitable distribution of marital property is governed by Va. Code § 20-107.3, which Mr. Sris personally amended. Child custody follows the best interests of the child standard under Va. Code § 20-124.3, and child support is calculated using Virginia guidelines under Va. Code § 20-108.1. Spousal support is determined by 13 statutory factors under Va. Code § 20-107.1.
Last verified: April 2026 | Fauquier County General District Court | Va. Code Title 20 (official Virginia General Assembly)
For the complete text of Virginia’s family law statutes, visit the Virginia General Assembly’s official code site. For court procedures and forms, see the Fauquier County General District Court website.
Insider Procedural Edge: Fauquier County Family Court
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.
- File the Complaint: File a complaint for divorce at the Fauquier County Circuit Court, 6 Court Street, Warrenton, VA 20186. Filing fee is approximately $86.
- Serve Your Spouse: Serve the complaint on your spouse via sheriff ($12) or private process server ($50-$100).
- File a Pendente Lite Motion: If temporary support or custody is needed, file a pendente lite motion. Hearings are typically set within 21-60 days.
- Attend Mediation: While not mandatory, mediation ($100-$300/hour per party) can resolve issues without trial.
- Final Hearing: For uncontested divorces, a brief hearing with a corroborating witness. For contested cases, trial preparation including discovery and witness preparation.
In Fauquier County, Virginia family law matters involve no criminal penalties but carry significant financial and custodial consequences.
| Issue | Legal Standard | Timeline | Cost Range | Key Factors |
|---|---|---|---|---|
| Uncontested Divorce | No-fault, 6-month separation | 2-4 months | $86 filing + $12 service | Signed separation agreement required |
| Contested Divorce | No-fault or fault grounds | 9-18 months | $5,000-$20,000+ | Discovery, depositions, trial |
| Child Custody | Best interests of child | 3-12 months | $500-$2,500+ GAL | 10 statutory factors |
| Child Support | Virginia guidelines | 30-90 days | Varies by income | Combined gross income |
| Spousal Support | 13 statutory factors | 3-12 months | Varies | Duration of marriage, contributions |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Fauquier County Family Law Case?
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience and has documented 4,739+ case results firm-wide with a 93%+ favorable outcome rate. In Fauquier County, we have 73 documented case results with a 97% favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a credential no other family law attorney in Virginia can claim. Our tagline is “Advocacy Without Borders.”
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 Family Law 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. Firm-wide across VA, MD, NJ, NY, and DC, we have 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Family Law Lawyer Near Fauquier County
Our Fairfax location serves clients at the Fauquier County courts (6 Court Street), accessible via I-66, Route 29, Route 17, Route 28, and Route 211. We serve 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
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions About Family Law in Fauquier County
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: 12-24 months. Pendente lite hearing for temporary support: 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. 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). Separate property is excluded.
How is child custody decided in Fauquier County, Virginia?
Custody 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.
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.
Last verified: 2026-04. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.