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Facing divorce in Fauquier County? Virginia is an equitable distribution state under Va. Code § 20-107.3. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County. A Stock Options Divorce Lawyer Fauquier County can help protect your financial future. Call (888) 437-7747.
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
Divorce & Family Law Attorney in Fauquier County, Virginia
Statutory Definition & Legal Framework
In Virginia, family law matters including divorce, equitable distribution, and spousal support are governed by Title 20 of the Virginia Code. The key statute for property division is Va. Code § 20-107.3, which establishes Virginia as an equitable distribution state. This means marital property is divided fairly, but not necessarily 50/50. The court considers 11 factors under this statute. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, a significant achievement in Virginia family law. For divorce grounds, Va. Code § 20-91 provides for no-fault divorce after a 6-month separation (if 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.
Child custody is determined under Va. Code § 20-124.3, based on the best interests of the child, considering 10 factors. Child support follows the Virginia guidelines under Va. Code § 20-108.1, calculated from combined gross income. Spousal support is determined by 13 statutory factors under Va. Code § 20-107.1. 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.
External Citation Links
For the official text of Virginia’s family law statutes, visit the Virginia General Assembly’s Title 20 page. For court procedures and forms, the Fauquier County General District Court website provides local information.
Insider Procedural Edge
Fauquier County Circuit Court requires a corroborating witness for uncontested divorce hearings. A property settlement agreement can resolve all issues without trial. Mediation is available but not mandatory. Forensic accountants are used for complex marital estates.
- File a complaint for divorce at Fauquier County Circuit Court (6 Court Street, Warrenton, VA 20186). Filing fee is approximately $86.
- Serve the complaint on your spouse via sheriff ($12) or private process server ($50-$100).
- File a pendente lite motion for temporary support and custody if needed. Hearing typically set within 21-60 days.
- Attend mediation (optional, $100-$300/hour per party) to attempt settlement.
- If no settlement, proceed to trial for equitable distribution, custody, and support determinations.
In Fauquier County, divorce carries a range of outcomes from uncontested 2-4 month timelines to complex 12-24 month contested cases with business valuation.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Uncontested Divorce | No-fault | None | $86 filing fee + service costs | None | 6-month or 1-year separation required |
| Contested Divorce | Equitable Distribution | None | $86 filing fee + $500-$2,500+ Guardian ad Litem | None | 9-18 months timeline; business valuation may be needed |
Results may vary. Prior results do not guarantee a similar outcome.
E-E-A-T Authority Block
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. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute. The firm’s tagline is “Advocacy Without Borders.”
In Fauquier County, the firm has 73 total documented case results across all practice areas with a 97% favorable outcome rate.
Case Results
In Fauquier County, Law Offices Of SRIS, P.C. has 73 total documented case results across all practice areas with a 97% favorable outcome rate. Examples include a reckless driving charge (78/55) dropped to speeding (74/55) in Fauquier County General District Court, and a DWI 1st offense resulting in a fine of $800/$400 suspended, 60/60 suspended, and restricted license authorized.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Fairfax Location
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
How long does a divorce take in Fauquier County, Virginia?
It depends. 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.
How much does a divorce cost in Fauquier County, Virginia?
It depends. 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).
How is child custody decided in Fauquier County, Virginia?
It depends. 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.
What are the grounds for divorce in Virginia?
It depends. 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).
Local Information
Our Fairfax Location is accessible via I-66 (eastern county), Route 29, Route 17, Route 28, and Route 211. We serve clients at Fauquier County courts (6 Court Street, Warrenton, VA 20186).
We serve the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Internal Links
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