In Fauquier County, Virginia family law matters including divorce and spousal support are governed by Va. Code § 20-107.3 (equitable distribution). Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County. An Alimony Lawyer Fauquier County can help you understand your rights under Virginia law. Consultation by appointment.
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
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 when dividing property and determining spousal support. This statute was personally amended by Mr. Sris, founder of Law Offices Of SRIS, P.C. A spousal support lawyer Fauquier County can explain how these factors apply to your specific situation. A spousal maintenance lawyer Fauquier County can help you pursue or defend against ongoing support claims.
For the full text of Virginia’s equitable distribution statute, visit Va. Code § 20-107.3 (official Virginia General Assembly). For Fauquier County court information, visit the Fauquier County General District Court website.
- File a complaint for divorce or spousal support at Fauquier County Circuit Court, 6 Court Street, Warrenton, VA 20186.
- Serve the other party with the complaint and summons through the sheriff’s office or a private process server.
- Exchange financial disclosures including tax returns, pay stubs, and bank statements within 21 days of the other party’s request.
- Attend mediation if ordered by the court or agreed upon by both parties.
- Attend the pendente lite hearing for temporary support and custody orders, typically set within 21-60 days of filing.
- Finalize the divorce through a final hearing or submission of a signed property settlement agreement.
In Fauquier County, family law cases involve equitable distribution of marital property, spousal support, and child support under Virginia guidelines.
| Issue | Legal Standard | Key Factors | Timeline | Court | Additional Considerations |
|---|---|---|---|---|---|
| Divorce (No-Fault) | 6-month or 1-year separation | No minor children (6 months) or minor children (1 year) | 2-4 months (uncontested) | Fauquier County Circuit Court | Signed separation agreement required for 6-month option |
| Divorce (Fault) | Adultery, cruelty, desertion, felony | Proof required; no waiting period for adultery | 9-18 months (contested) | Fauquier County Circuit Court | Fault grounds can affect spousal support |
| Spousal Support | 13 statutory factors under Va. Code § 20-107.1 | Duration of marriage, earning capacity, contributions | Ongoing or durational | Fauquier County Circuit Court | Modifiable upon change in circumstances |
| Child Custody | Best interests of the child (10 factors) | Parental roles, child’s relationship, history of abuse | Varies | Fauquier County J&DR Court | Standalone custody or within divorce |
| Child Support | Virginia guidelines based on combined gross income | Income of both parents, custody arrangement | Ongoing | Fauquier County J&DR Court | Modifiable upon change in circumstances |
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris — Owner & CEO, Managing Attorney. Former prosecutor. Founded Law Offices Of SRIS, P.C. in 1997. Personally amended Va. Code § 20-107.3 (equitable distribution statute). Bar admissions: Virginia, Maryland, DC, New Jersey, New York. Combined firm experience: 120+ years. Total case results: 4,739+. Favorable outcome rate: 93%+.
Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), which governs how marital property and spousal support are divided in divorce. This is a documented, real-world achievement that provides a unique advantage in Fauquier County family law cases.
Samantha Rae Powers — Of Counsel. VA Bar 2023 | FL Bar 2005 | J.D./M.A. University of Florida 2005 | Ph.D. Communication UCSB 2017 | 18+ years experience. Focuses on Virginia family law matters including divorce, custody, and spousal support.
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.
Results may vary. Prior results do not guarantee a similar outcome.
Firm-wide across VA, MD, NJ, NY, and DC: 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
4008 Williamsburg Ct, Fairfax, VA 22032, United States
By appointment only. 24/7 phone consultations.
Our Fairfax location is approximately 30 miles from Fauquier County Circuit Court, accessible via I-66 and Route 29. We serve clients throughout Fauquier County including Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Looking for a family lawyer near Fauquier County? Our Fairfax location provides convenient access for clients throughout the area.
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 or retirement assets: 12-24 months. Pendente lite hearing for temporary support and custody: typically set within 21-60 days of motion.
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. Pendente lite motion: additional court costs. 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). Fauquier County Circuit Court handles all property division.
How is child custody decided in Fauquier County, Virginia?
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 matters.
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 Fauquier County Circuit Court.
How is spousal support calculated in Fauquier County?
It depends. Virginia courts consider 13 statutory factors under Va. Code § 20-107.1, including the duration of the marriage, each spouse’s earning capacity, contributions as a homemaker, and the standard of living during the marriage. An Alimony Lawyer Fauquier County can help you understand these factors.
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.