In Augusta County, an uncontested divorce under Va. Code § 20-91 requires a 6-month separation if you have no minor children. Law Offices Of SRIS, P.C. has 13 documented case results in Augusta County. Our flat fee uncontested divorce lawyer Augusta County team handles the entire process.
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily 50/50. Under Va. Code § 20-91, you can file for a no-fault divorce after living separate and apart for 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, cruelty, desertion for 1 year, and felony conviction with 1+ year imprisonment. The Augusta County Circuit Court at 6 East Johnson Street, 2nd Floor, Staunton, VA 24401 handles all divorce filings. Mr. Sris, founder of Law Offices Of SRIS, P.C., 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 | Augusta County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For the official statute governing divorce grounds in Virginia, see Va. Code § 20-91 (official Virginia General Assembly). For court information, visit the Augusta County General District Court website.
In Augusta County Circuit Court, uncontested divorces with a signed separation agreement typically move faster than contested cases. The court requires at least one corroborating witness for the final hearing. Our flat fee uncontested divorce lawyer Augusta County team knows the local procedures.
- File the divorce complaint at Augusta County Circuit Court with the $86 filing fee.
- Serve your spouse with the complaint via sheriff ($12) or private process server ($50-$100).
- Wait for your spouse to file a response or waiver of service.
- Submit your signed separation agreement and corroborating witness affidavit.
- Attend the uncontested final hearing (usually 15-30 minutes).
- Receive your final divorce decree from the court.
In Augusta County, an uncontested divorce carries no criminal penalties, but the process involves court costs and legal fees.
| Issue | Classification | Timeline | Cost | Impact | Additional Notes |
|---|---|---|---|---|---|
| Uncontested Divorce (no minor children) | No-fault | 2-4 months | $86 filing fee + service costs | Legal separation ends | 6-month separation required |
| Uncontested Divorce (with minor children) | No-fault | 3-6 months | $86 filing fee + service costs | Custody and support determined | 1-year separation required |
| Contested Divorce | Fault or no-fault | 9-18 months | $86 filing fee + higher legal costs | Court decides all issues | Trial may be necessary |
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. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, which is a landmark achievement in Virginia family law. Our flat fee uncontested divorce lawyer Augusta County team includes Mr. Sris and Samantha Rae Powers, who bring extensive experience in handling simple divorce filings.
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. Firm-wide, the firm has 4,739+ documented 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.
Our Shenandoah/Woodstock Location serves clients at Augusta County courts (6 East Johnson Street). We are accessible via I-81, I-64, Route 11, Route 250, and Route 340. Our flat fee uncontested divorce lawyer Augusta County team serves Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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How long does a divorce take in Augusta County, Virginia?
Yes. 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. Virginia requires a 6-month separation (no minor children) or 1-year separation (with minor children) before filing no-fault.
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. 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). Augusta County Circuit Court handles all property division.
How is child custody decided in Augusta County, Virginia?
It depends. 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.
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.
For more information about family law in Virginia, visit our Virginia Family Law Lawyer hub page. For nearby localities, see our Shenandoah County divorce lawyer and Rockingham County divorce lawyer pages. For other practice areas in Augusta County, see our Augusta County criminal defense lawyer and Augusta County DUI lawyer pages.
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.