Divorce & Family Law Attorney in Fauquier County, Virginia
Fauquier County family law cases are governed by Virginia statutes, including those for no-fault divorce after a 6-month or 1-year separation, child support guidelines, and custody determinations based on the child’s best interests.
Virginia Family Law Statutes
Virginia family law is primarily codified in Title 20 of the Virginia Code. Key statutes include Va. Code § 20-91 (grounds for divorce), § 20-107.3 (equitable distribution of marital property), § 20-108.1 (child support guidelines), and § 20-124.2 (custody based on the best interests of the child). Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, demonstrating deep involvement in the development of Virginia’s family law.
Last verified: March 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
For the most current statutes and court procedures, consult these official .gov resources:
Fauquier County Family Law Process
Fauquier County Circuit Court handles all divorce, equitable distribution, and spousal support matters. 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.
- Initial Filing: File a Complaint for Divorce with the Fauquier County Circuit Court Clerk’s Office. Pay the $86 filing fee and arrange for service of process on your spouse.
- Case Management: Attend the initial case management conference. The court will set deadlines for discovery, mediation, and any pendente lite (temporary) hearings for support or custody.
- Discovery & Negotiation: Complete financial disclosures and discovery. Engage in settlement negotiations, often with the assistance of a mediator, to resolve property division, support, and custody.
- Final Resolution: If settlement is reached, submit a final decree and property settlement agreement for the judge’s approval. If not, prepare for trial on all contested issues.
Fauquier County Family Law Overview
In Fauquier County, family law matters involve specific procedures and potential outcomes based on Virginia’s equitable distribution system and child-focused statutes.
| Matter | Governing Principle | Typical Timeline | Key Consideration |
|---|---|---|---|
| Divorce (Uncontested) | No-fault after separation period | 2-4 months | Requires signed separation agreement |
| Divorce (Contested) | Court decides based on fault or no-fault | 9-18 months | May involve pendente lite hearings |
| Equitable Distribution | Fair division of marital property (Va. Code § 20-107.3) | 12-24 months if complex | Business valuation often required |
| Child Custody | Best interests of the child (Va. Code § 20-124.3) | Varies | Considers 10 statutory factors |
| Child Support | Virginia guidelines based on income | Established at filing or hearing | Subject to modification with changed circumstances |
Results may vary. Each case depends on its unique facts and circumstances.
Firm Credentials & Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm’s attorneys have over 120 years of combined legal experience. Mr. Sris’s personal amendment of Va. Code § 20-107.3, Virginia’s equitable distribution statute, provides a unique level of insight into complex property division cases. Our approach combines global advocacy with local precision for clients 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
Documented 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 and other matters.
Results may vary. Prior results do not aim for a similar outcome.
Local Family Law Representation
Our Fairfax location serves clients at the Fauquier County courts (6 Court Street, Warrenton), accessible via I-66, Route 29, and Route 17. We are a family law lawyer near Warrenton and 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 | (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 | Fairfax County Family Law 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.