In Augusta County, Virginia family law matters including divorce and custody are governed by Va. Code § 20-91 and § 20-107.3. Law Offices Of SRIS, P.C. has 13 documented case results in Augusta County. Our team handles separation agreements, equitable distribution, and child custody cases. Consultation by appointment.
Virginia family law operates under the equitable distribution model, meaning marital property is divided fairly but not necessarily equally. The key statute, Va. Code § 20-107.3, was personally amended by Mr. Sris. This statute governs how courts divide assets and debts acquired during marriage. Augusta County Circuit Court applies 11 statutory factors to determine a fair division, including each spouse’s contributions, duration of marriage, and economic circumstances. For child custody, Va. Code § 20-124.3 provides 10 factors the court weighs to determine the child’s best interests. Child support follows Virginia guidelines under Va. Code § 20-108.1, calculated based on combined gross income and number of children. Spousal support under Va. Code § 20-107.1 considers 13 factors including earning capacity, standard of living, and duration of marriage.
Last verified: April 2026 | Augusta County General District Court | Va. Code Title 20 (official Virginia General Assembly)
For official family law statutes, visit the Virginia General Assembly’s Title 20 (Domestic Relations). For court procedures and forms, see the Augusta County General District Court website.
Augusta County Circuit Court handles all divorce, equitable distribution, and spousal support matters. Augusta County 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. A property settlement agreement signed by both parties can resolve all issues without trial. Mediation is available but not mandatory in Virginia. Forensic accountants and business valuators are used for complex marital estates.
- File a complaint for divorce at Augusta County Circuit Court (6 East Johnson Street, 2nd Floor, Staunton, VA 24401) with the $86 filing fee.
- Serve the complaint on your spouse via sheriff ($12) or private process server ($50-$100).
- File a pendente lite motion if you need temporary support or custody (hearing set within 21-60 days).
- Attend mediation (optional but recommended) to resolve property, custody, and support issues.
- Finalize the divorce with a final decree after meeting Virginia’s separation requirement (6 months no children, 1 year with children).
In Augusta County, family law matters carry no criminal penalties but involve significant financial and custodial consequences determined by the court under Virginia law.
| Issue | Legal Standard | Timeframe | Court | Key Statute | Additional Considerations |
|---|---|---|---|---|---|
| Divorce (No-Fault) | 6-month separation (no minor children) or 1-year separation (with minor children) | 2-4 months uncontested; 9-18 months contested | Augusta County Circuit Court | Va. Code § 20-91 | Requires corroborating witness |
| Divorce (Fault) | Adultery, cruelty, desertion (1 year), felony conviction (1+ year imprisonment) | No waiting period for adultery; varies for others | Augusta County Circuit Court | Va. Code § 20-91 | Fault may impact spousal support |
| Child Custody | Best interests of the child (10 factors) | Varies; pendente lite hearing within 21-60 days | Augusta County J&DR Court (standalone) or Circuit Court (within divorce) | Va. Code § 20-124.3 | Guardian ad Litem: $500-$2,500+ |
| Child Support | Virginia guidelines based on combined gross income | Ongoing until child emancipates | Augusta County J&DR Court or Circuit Court | Va. Code § 20-108.1 | Modification available upon material change |
| Spousal Support | 13 statutory factors including earning capacity and standard of living | Duration varies; modifiable upon material change | Augusta County Circuit Court | Va. Code § 20-107.1 | Fault may bar or limit support |
| Equitable Distribution | Fair but not necessarily equal division (11 factors) | Resolved during divorce proceedings | Augusta County Circuit Court | Va. Code § 20-107.3 | Mr. Sris personally amended this statute |
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 brings over 120 years of combined legal experience to every case. With 4,739+ total case results and a 93%+ favorable outcome rate firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C., our team has deep experience in Augusta County family law. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs how Virginia courts divide marital property. This is the single most powerful E-E-A-T differentiator in the Virginia family law market. Our firm tagline is “Advocacy Without Borders.”
Mr. Sris, firm founder and former prosecutor, also handles complex family law matters in Augusta County. He personally amended Va. Code § 20-107.3 and brings over 25 years of experience to high-stakes divorce and custody cases.
In Augusta County, Law Offices Of SRIS, P.C. has 13 total documented case results across all practice areas with a 100% favorable outcome rate. These results include reduced charges and favorable dispositions in traffic and reckless driving matters. Firm-wide, we have achieved 4,739+ 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 Shenandoah/Woodstock Location serves clients at Augusta County courts (6 East Johnson Street, 2nd Floor, Staunton, VA 24401), accessible via I-81, I-64, Route 11, Route 250, and Route 340.
Family law lawyer near Augusta County — serving Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (888) 437-7747
By appointment only.
How long does a divorce take in Augusta 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 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. Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault. Augusta County Circuit Court handles all divorces.
How much does a divorce cost in Augusta County, Virginia?
It depends. 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. Additional costs may include forensic accountants for complex asset division.
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). Augusta County Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded from division.
How is child custody decided in Augusta County, Virginia?
Custody in Augusta 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. Augusta County J&DR Court handles standalone custody. Augusta 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 (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Augusta County Circuit Court. Fault grounds may affect spousal support awards.
For more information, see our Virginia Family Law Lawyer hub page. Compare with nearby localities: Shenandoah County Family Law Lawyer and Rockingham County Family Law Lawyer. Also see related practice areas in Augusta County: Augusta County Criminal Defense Lawyer and Augusta County DUI Lawyer.
Last verified: April 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.