Divorce in Fairfax County, Virginia, is governed by Va. Code § 20-91 (grounds for divorce) and Va. Code § 20-107.3 (equitable distribution — personally amended by Mr. Sris). Law Offices Of SRIS, P.C. has 1,741 documented case results in Fairfax County, with a 96% favorable outcome rate.
Divorce Lawyer Fairfax County, Virginia
In Virginia, divorce is governed by Title 20 of the Virginia Code. The primary grounds for divorce under Va. Code § 20-91 include no-fault divorce after a 6-month separation (if no minor children and a signed separation agreement exists) or a 1-year separation (if minor children are involved). Fault grounds include adultery (no waiting period), cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. Virginia is an equitable distribution state under Va. Code § 20-107.3, meaning marital property is divided fairly but not necessarily equally. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience.
Last verified: May 2026 | Fairfax County Circuit Court | Virginia General Assembly — official site
For the full text of the divorce statutes, visit: Va. Code § 20-91 (Virginia General Assembly — official site) and Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Fairfax County Circuit Court, prosecutors and family court judges routinely expect parties to have attempted mediation before scheduling a contested trial. We have observed that cases with a signed property settlement agreement move through the docket significantly faster than those without one.
- Step 1: Determine your eligibility — ensure you or your spouse has lived in Virginia for at least 6 months.
- Step 2: Gather financial documents — tax returns, bank statements, retirement accounts, and property deeds.
- Step 3: File a divorce complaint at the Fairfax County Circuit Court, 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030.
- Step 4: Serve the complaint on your spouse via sheriff or private process server.
- Step 5: Negotiate a settlement or attend mediation to resolve custody, support, and property issues.
- Step 6: Attend the final hearing to obtain the final divorce decree.
In Fairfax County, Virginia, divorce is a civil matter with no criminal penalties, but failure to comply with court orders can result in contempt of court, fines, or even jail time.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Contempt of Court (failure to pay support) | Civil or Criminal Contempt | Up to 12 months (criminal contempt) | Up to $2,500 | Driver’s license suspension possible | Wage garnishment, property liens, credit damage |
| Violation of Protective Order | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | No direct impact | Mandatory counseling, firearm restrictions |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. The firm has 1,741 documented case results in Fairfax County alone, with 575 dismissed or not guilty and 1,038 reduced or amended — a 96% favorable outcome rate. ‘Advocacy Without Borders’ is not just a tagline; it reflects our commitment to representing clients across multiple states and jurisdictions.
Law Offices Of SRIS, P.C. has 1,741 documented results in Fairfax County: 575 dismissed or not guilty, 1,038 reduced or amended — a favorable-outcome rate of 96%. Results may vary. These results include family law, criminal defense, and traffic matters across the county.
Our location in Fairfax is approximately 1.5 miles from the Fairfax County Circuit Court, with access via I-495 and Route 50. If you need a divorce lawyer near Fairfax County, we serve the communities of Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and Falls Church area. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
(703) 636-5417
By appointment only.
Frequently Asked Questions About Divorce in Fairfax County
How long does a divorce take in Fairfax County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Fairfax County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Fairfax County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Under Va. Code § 20-91, a 6-month separation is required for no-fault divorce without minor children.
Uncontested divorces take 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Fairfax County, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs approximately $12; private process server costs $50-$100. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour per party). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases are filed at Fairfax County Circuit Court.
Filing fee is approximately $86, plus service and other costs.
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). Fairfax County Circuit Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state.
How is child custody decided in Fairfax County, Virginia?
Custody in Fairfax County is based on the experienced 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. Fairfax County J&DR Court handles standalone custody. Fairfax County Circuit Court handles custody within divorce cases.
Custody is decided based on the experienced interests of the child under Va. Code § 20-124.3.
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 Fairfax County Circuit Court under Va. Code § 20-91.
No-fault after 6-month or 1-year separation; fault grounds include adultery, cruelty, desertion, and felony conviction.
How does a Virginia lawyer defend against adultery divorce charges?
Defense strategies for adultery divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91(1) (adultery as fault ground — no waiting period) to build the strongest possible defense.
What should I do if I am facing adultery divorce charges in Virginia?
If facing adultery divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
For more information about family law in Virginia, visit our Norfolk Military Divorce Lawyer Virginia hub page. You may also find these pages useful: Family Law Lawyer Albemarle County, Family Law Lawyer Arlington County, and Mergers and Acquisitions Lawyer Fairfax County.
Page Last verified: May 2026. Statute and court information reviewed on 2026-02-15.