An uncontested divorce in Fauquier County under Va. Code § 20-91 requires a 6-month separation (no minor children) or 1-year separation (with minor children). Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County. An Uncontested Divorce Lawyer Fauquier County can finalize your case in 2-4 months.
Virginia Divorce Law: No-Fault and Fault Grounds
Virginia law provides two paths for divorce. The no-fault route under Va. Code § 20-91 requires a separation period: 6 months if you have no minor children and a signed separation agreement, or 1 year if you have minor children. Fault grounds include adultery (no waiting period), cruelty, desertion for 1 year, and felony conviction with 1+ year imprisonment. A no-fault divorce lawyer Fauquier County can guide you through the simpler separation-based process. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, which governs how marital property is divided in Virginia divorces.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
- Va. Code § 20-91 (Divorce Grounds) — Official Virginia General Assembly
- Fauquier County General District Court — Official Court Website
Insider Procedural Edge for Fauquier County Divorce
Fauquier County Circuit Court handles all divorce, equitable distribution, and spousal support matters. The court requires at least one corroborating witness for an uncontested divorce hearing. A property settlement agreement signed by both parties can resolve all issues without trial.
- Draft and sign a property settlement agreement with your spouse.
- File a complaint for divorce at Fauquier County Circuit Court (6 Court Street, Warrenton, VA 20186).
- Serve your spouse with the complaint and summons.
- File a signed affidavit of corroboration from a witness who knows you and your spouse.
- Attend the uncontested divorce hearing with your corroborating witness.
- Receive your final divorce decree from the court.
In Fauquier County, an uncontested divorce carries no criminal penalties, but filing fees and costs apply.
| Issue | Classification | Timeline | Cost | Additional Consequences |
|---|---|---|---|---|
| Uncontested Divorce (No Minor Children) | No-Fault | 2-4 months | $86 filing fee + $12 service fee | None if separation agreement is final |
| Uncontested Divorce (With Minor Children) | No-Fault | 2-4 months after 1-year separation | $86 filing fee + $12 service fee | Custody and support determined by agreement |
Results may vary. Prior results do not guarantee a similar outcome.
Why Law Offices Of SRIS, P.C. Handles Your Fauquier County Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. The firm 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, which directly impacts how marital property is divided in Virginia divorces. This achievement is unique among Virginia family law attorneys and demonstrates deep statutory experience. The firm’s tagline is “Advocacy Without Borders.”
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. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Your Fauquier County Divorce Lawyer — Local and Accessible
Our Fairfax location serves clients at Fauquier County courts (6 Court Street). The office is accessible via I-66, Route 29, Route 17, Route 28, and Route 211. We serve Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. Search for “Uncontested Divorce Lawyer Fauquier County near me” to find our firm.
Law Offices Of SRIS, P.C. — Fairfax Location
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
24/7 phone consultations. By appointment only.
Frequently Asked Questions About Uncontested Divorce in Fauquier County
How long does an uncontested divorce take in Fauquier County?
Yes, an uncontested divorce with a signed separation agreement takes 2-4 months from filing to final decree in Fauquier County Circuit Court.
An uncontested divorce with a signed separation agreement typically takes 2-4 months from filing to final decree in Fauquier County Circuit Court. Contested divorces take 9-18 months. The court requires a 6-month separation (no minor children) or 1-year separation (with minor children) before filing no-fault.
How much does an uncontested divorce cost in Fauquier County?
The Circuit Court filing fee for a divorce complaint is approximately $86, plus $12 for sheriff service of process.
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs about $12. Private process servers cost $50-$100. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and 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.
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). Fauquier County Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Fauquier County?
Custody is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors.
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, cruelty, desertion (1 year), felony conviction (1+ year imprisonment).
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.
- Virginia Family Law Lawyer
- Fairfax County Divorce Lawyer
- Prince William County Divorce Lawyer
- Fauquier County Criminal Defense Lawyer
- Fauquier County DUI Lawyer
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.