Separation Lawyer Fairfax County — What Are Your Legal Rights During Separation?
A Separation Lawyer Fairfax County helps you handle Virginia’s separation requirements under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 1789 documented case results in Fairfax County. Mr. Sris personally amended Va. Code § 20-107.3. Your separation agreement sets the foundation for your entire divorce.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law requires a period of separation before a no-fault divorce can be granted. Under Va. Code § 20-91, if you have no minor children and a signed separation agreement, you must be separated for 6 months. If you have minor children, the separation period is 1 year. A Separation Lawyer Fairfax County ensures your separation agreement meets all legal requirements. The separation date is critical — it determines when you can file for divorce. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division during divorce. This amendment affects how marital property is divided in Fairfax County. A legal separation agreement lawyer Fairfax County drafts agreements that protect your assets and parental rights. A marital separation lawyer Fairfax County handles the procedural requirements for separation in the Nineteenth Judicial District.
For the complete statutory framework governing separation and divorce in Virginia, review Va. Code § 20-91 (divorce grounds and separation requirements) and Fairfax County General District Court website. These official sources provide the legal foundation for separation agreements and divorce proceedings in Fairfax County.
Fairfax County Circuit Court handles all divorce and equitable distribution matters. The court requires a corroborating witness for uncontested divorce hearings. Your separation agreement must be notarized and signed by both parties. Mediation is available but not mandatory in Fairfax County. Forensic accountants are commonly used for complex marital estates involving business valuation or retirement assets.
- Separate from your spouse and establish a physical separation date with documentation.
- Gather financial documents including tax returns, bank statements, retirement accounts, and property deeds.
- Draft a full separation agreement covering property division, spousal support, and child-related matters.
- Sign the agreement before a notary public with both parties present or separately notarized.
- File for divorce at Fairfax County Circuit Court after the required separation period has elapsed.
- Attend the uncontested divorce hearing with your corroborating witness to finalize the divorce decree.
In Fairfax County, separation under Va. Code § 20-91 requires 6-12 months before filing for divorce. Failure to properly document separation can delay your divorce by months.
| Issue | Requirement | Timeline | Cost | Impact | Additional Notes |
|---|---|---|---|---|---|
| Separation Period (No Minor Children) | 6 months with signed separation agreement | 6 months minimum | $86 filing fee | Determines earliest divorce filing date | Agreement must be notarized |
| Separation Period (With Minor Children) | 1 year separation required | 12 months minimum | $86 filing fee | Longer waiting period before divorce | Custody and support addressed separately |
| Separation Agreement | Written, notarized, signed by both parties | Before filing divorce | $500-$3,000 legal fees | Sets terms for property, support, custody | Must include full financial disclosure |
| Property Settlement | Equitable distribution under Va. Code § 20-107.3 | During divorce process | Varies by complexity | Determines division of assets and debts | Business valuation may be required |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has documented 4,739+ case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C. with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in Virginia divorces. This amendment directly affects how marital property is divided in Fairfax County. The firm’s tagline is “Advocacy Without Borders.”
Law Offices Of SRIS, P.C. has 1789 total documented case results across all practice areas in Fairfax County with a 97% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is located near Fairfax County General District Court at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030, accessible via I-66 and Route 50.
Looking for a separation lawyer near Fairfax County? We serve clients throughout Northern Virginia.
We serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the 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
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
How long do I need to be separated before filing for divorce in Fairfax County?
It depends. Virginia requires 6 months separation if you have no minor children and a signed separation agreement. If you have minor children, the separation period is 1 year. The separation period runs from the date you physically separate with intent to remain apart permanently. A Separation Lawyer Fairfax County can help you document the separation date properly.
Do I need a separation agreement before filing for divorce in Fairfax County?
Yes. A signed, notarized separation agreement is required for the 6-month no-fault divorce option. Without a signed agreement, you must wait 1 year even without minor children. The agreement should address property division, spousal support, and any child-related matters. A legal separation agreement lawyer Fairfax County drafts these documents.
Is Virginia a community property state?
No. Virginia is an equitable distribution state under Va. Code § 20-107.3, which Mr. Sris personally amended. Marital property is divided fairly but not necessarily 50/50. The court considers 11 factors including each spouse’s contributions, economic circumstances, and duration of the marriage. Separate property is excluded from division.
What happens if my spouse refuses to sign the separation agreement?
It depends. If your spouse refuses to sign, you cannot use the 6-month no-fault divorce option. You must wait 1 year of separation before filing. Alternatively, you can file for divorce on fault grounds such as adultery or cruelty, which have no waiting period. A marital separation lawyer Fairfax County can advise on the best approach.
Can I date during separation in Virginia?
Yes, but with caution. Dating during separation does not affect the no-fault divorce timeline. However, if you cohabitate with a new partner, your spousal support may be terminated under Va. Code § 20-109. Dating can also complicate custody determinations if the court views it as affecting the children’s best interests.
How is child custody handled during separation in Fairfax County?
Custody during separation is based on the best interests of the child under Va. Code § 20-124.3. Fairfax County Juvenile and Domestic Relations Court handles standalone custody matters. The court considers 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Temporary custody orders can be obtained during the separation period.
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Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.