Facing family law issues in Fauquier County? Virginia is an equitable distribution state under Va. Code § 20-107.3, which Mr. Sris personally amended. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County. You need a Temporary Custody Lawyer Fauquier County who knows local court procedures.
Family law in Virginia governs divorce, child custody, child support, spousal support, and property division. Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The court considers 11 factors under Va. Code § 20-107.3 to determine a fair division. For divorce, Virginia requires a 6-month separation if you have no minor children and a signed separation agreement, or a 1-year separation if you have minor children. Fault grounds include adultery, cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. Child custody decisions are based on the best interests of the child under Va. Code § 20-124.3, which considers 10 factors including each parent’s role and the child’s relationship with each parent. Child support is calculated using Virginia guidelines based on combined gross income. A Temporary Custody Lawyer Fauquier County can help you understand how these statutes apply to your specific situation.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly family law statutes
For official legal references, consult the Virginia Code Title 20 (Domestic Relations) and the Fauquier County General District Court website.
In Fauquier County, the Circuit Court handles all divorce, equitable distribution, and spousal support matters. The 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 or custody 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.
- Attend the pendente lite hearing (temporary orders hearing) typically set within 21-60 days of filing.
- Exchange financial disclosures and discovery documents with the other party.
- Attend mediation to attempt settlement before trial.
- Proceed to trial if no settlement is reached, or finalize the divorce decree if settled.
In Fauquier County, family law matters involve court costs and fees that vary by case type. The Circuit Court filing fee for a divorce complaint is approximately $86.
| Issue | Court | Filing Fee | Additional Costs | Timeline | Key Statute |
|---|---|---|---|---|---|
| Divorce (Contested) | Circuit Court | $86 | Service of process: $12-$100; Guardian ad Litem: $500-$2,500+; Mediation: $100-$300/hour | 9-18 months | Va. Code § 20-91 |
| Divorce (Uncontested) | Circuit Court | $86 | Service of process: $12-$100 | 2-4 months | Va. Code § 20-91 |
| Child Custody (Standalone) | J&DR Court | Varies | Guardian ad Litem: $500-$2,500+; Mediation: $100-$300/hour | 3-6 months | Va. Code § 20-124.2 |
| Child Support | J&DR Court | Varies | Genetic testing if paternity disputed | 2-4 months | Va. Code § 20-108.1 |
| Spousal Support | Circuit Court | $86 | Financial affidavits; experienced testimony if needed | 3-6 months | Va. Code § 20-107.1 |
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. with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, which is a significant achievement in Virginia family law. The firm’s tagline is “Advocacy Without Borders.” In Fauquier County, the firm has 73 documented case results across all practice areas with a 97% favorable outcome rate. Mr. Sris is a former prosecutor who founded the firm in 1997 and has bar admissions in Virginia, Maryland, Washington D.C., New Jersey, and New York. His background in accounting and information systems provides a unique advantage in complex financial cases involving business valuation and asset division.
Samantha Rae Powers — Of Counsel, Family Law
Bar Admissions: Virginia (2023); Florida (2005)
Education: J.D./M.A., University of Florida (2005); Ph.D. Communication, University of California, Santa Barbara (2017)
18+ years of legal experience. Samantha Powers focuses exclusively on family law matters in Virginia and Florida. She brings a unique combination of legal experience and communication skills to each case, helping clients handle divorce, custody, and support matters with clarity and confidence.
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+ documented case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and Washington D.C. These results include dismissals, reductions, and favorable settlements in family law, criminal defense, traffic, and DUI matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location serves clients at Fauquier County courts (6 Court Street, Warrenton, VA 20186). The location is accessible via I-66, Route 29, Route 17, Route 28, and Route 211. We serve the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. If you are searching for a temporary custody lawyer near me Fauquier County, we are here to help.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
4008 Williamsburg Court, Fairfax, VA 22032
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 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.
How much does a divorce cost in Fauquier County, Virginia?
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 vary based on case complexity.
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 (6 Court Street, Warrenton, VA 20186) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
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. 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 (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Fauquier County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86.
Can I get temporary custody while the divorce is pending in Fauquier County?
Yes. You can file a pendente lite motion for temporary custody, visitation, and support. The hearing is typically set within 21-60 days of filing. The court considers the best interests of the child under Va. Code § 20-124.3. A Temporary Custody Lawyer Fauquier County can help you prepare the motion and represent you at the hearing.
What factors does the court consider for spousal support in Fauquier County?
The court considers 13 statutory factors under Va. Code § 20-107.1, including the duration of the marriage, each party’s income and earning capacity, the standard of living during the marriage, each party’s age and physical condition, and each party’s contributions to the family. Spousal support is not automatic and depends on the specific circumstances of each case.
Last verified: April 2026. Information current as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Fauquier County is one part of a statewide practice, and our page on temporary custody lawyer Virginia covers the process from start to finish.