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, and property division at the Fauquier County Circuit Court.
Virginia requires a 6-month separation for no-fault divorce without minor children or a 1-year separation with minor children.
Virginia Family Law Statutes for Fauquier County
Family law matters in Fauquier County are adjudicated under the Virginia Code. The primary statutes include Va. Code § 20-91 (divorce grounds), § 20-107.3 (equitable distribution), § 20-108.1 (child support guidelines), § 20-124.2 (custody best interests), and § 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, giving our firm unique insight into property division cases.
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 information, refer to 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 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’s Office. Pay the filing fee (approximately $86).
- Serve the other party: Have the complaint and summons served on your spouse by a sheriff (approximately $12) or private process server ($50-$100).
- Attend the pendente lite hearing: If temporary support or custody is needed, file a motion for pendente lite relief. The court typically schedules a hearing within 21-60 days.
- Complete discovery: Exchange financial disclosures and other relevant information through interrogatories, requests for production, and depositions.
- Attempt settlement or mediation: Participate in settlement negotiations or mediation ($100-$300/hour per party) to resolve issues without a trial.
- Proceed to trial if necessary: If settlement fails, present your case at a bench trial before a Fauquier County Circuit Court judge.
Fauquier County Family Law Penalties & Procedures
In Fauquier County, divorce carries no criminal penalty but involves specific procedural requirements and financial obligations under Virginia’s equitable distribution system.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| No-fault Divorce | Civil Proceeding | None | Court fees: ~$86+ | None | Property division, potential spousal/child support |
| Contempt of Court Order | Civil/Criminal Contempt | Up to 10 days | Up to $250 | None | Enforcement of original order |
| Failure to Pay Child Support | Civil Contempt | Until compliance | Court costs | Driver’s license suspension | Wage garnishment, tax refund interception |
Results may vary. Each case depends on unique facts and circumstances.
Firm Credentials & Local Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and 4,739+ firm-wide case results, we bring substantial resources to Fauquier County family law matters. Our firm maintains a 93%+ favorable outcome rate across all practice areas.
Mr. Sris’s personal amendment of Va. Code § 20-107.3 demonstrates deep involvement in Virginia family law at the legislative level, providing clients with representation grounded in both practice and policy understanding.
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, maintaining a 97% favorable outcome rate for our clients. 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 Representation
Our Fairfax location serves clients at Fauquier County courts (6 Court Street, Warrenton), accessible via I-66, Route 29, Route 17, Route 28, and Route 211. As a family law lawyer near Warrenton, we represent clients throughout 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
(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.
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.
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.
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
For more information on Virginia family law, visit our Virginia Family Law Lawyer hub page. We also serve clients in neighboring jurisdictions including Fairfax County and Prince William County. For other legal needs in Fauquier County, see our criminal defense and DUI/DWI pages. Learn more about our attorneys’ experience.
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.