In Fauquier County, Virginia, divorce is governed by equitable distribution under Va. Code § 20-107.3, personally amended by Mr. Sris. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County with a 97% favorable outcome rate. A Separation Agreement Lawyer Fauquier County can help you handle the 6-month or 1-year separation requirement before filing for no-fault divorce.
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 to determine a fair division. For no-fault divorce, Virginia requires a 6-month separation if there are no minor children and both parties sign a separation agreement, or a 1-year separation if minor children are involved. Fault grounds include adultery (no waiting period), cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. A Separation Agreement Lawyer Fauquier County can draft a property settlement agreement that resolves all issues without trial.
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
For separation agreements specifically, Va. Code § 20-155 governs the enforceability of premarital and marital agreements. A valid separation agreement must be in writing, signed by both parties, and either acknowledged before a notary or witnessed. The agreement can address property division, spousal support, and child-related matters, but child support must comply with Virginia guidelines regardless of what the agreement states.
For official court information, visit the Fauquier County General District Court website. Review the complete divorce statutes at Va. Code § 20-91 (divorce grounds — official Virginia General Assembly).
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. Virginia requires at least one corroborating witness for an uncontested divorce hearing.
- File a complaint for divorce at Fauquier County Circuit Court, 6 Court Street, Warrenton, VA 20186. Filing fee: 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 to resolve property division, support, and custody issues. Mediation costs $100-$300/hour per party.
- If a separation agreement is signed by both parties, file it with the court for incorporation into the final decree.
- Attend the uncontested or contested hearing. For uncontested divorce, bring a corroborating witness.
In Fauquier County, family law matters involve equitable distribution of marital property, child support calculated under Virginia guidelines, and spousal support based on 13 statutory factors.
| Issue | Legal Standard | Key Factors | Timeline |
|---|---|---|---|
| Property Division | Equitable Distribution (Va. Code § 20-107.3) | 11 factors including length of marriage, contributions, and economic circumstances | Resolved in final decree |
| Child Support | Virginia Guidelines (Va. Code § 20-108.1) | Combined gross income, custody arrangement, health insurance, daycare costs | Ongoing until child emancipates |
| Spousal Support | 13 statutory factors (Va. Code § 20-107.1) | Duration of marriage, standard of living, earning capacity, age, health | Modifiable upon change in circumstances |
| Custody | Best interests of child (Va. Code § 20-124.2) | 10 factors including each parent’s role, child’s relationship, history of abuse | Modifiable upon material change |
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 with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a credential no other family law firm in Virginia can claim. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, founder and managing attorney, also handles complex family law matters requiring advanced strategy. He personally amended Va. Code § 20-107.3 and brings former prosecutor insight to family law cases involving financial complexity.
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.
Our Fairfax location is approximately 30 miles from Fauquier County Circuit Court, accessible via I-66, Route 29, and Route 17.
Looking for a Separation Agreement Lawyer Fauquier County near Warrenton or New Baltimore? We serve clients throughout Fauquier County.
We serve the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
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 with business valuation: 12-24 months.
How much does a divorce cost in Fauquier County, Virginia?
It depends. Circuit Court filing fee: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Guardian ad Litem for custody: $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?
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?
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).
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.