Fauquier County Family Law Lawyer — What Are Your Rights?
Family law matters in Fauquier County are governed by Virginia statutes like Va. Code § 20-107.3 for equitable distribution. Law Offices Of SRIS, P.C. provides full representation for divorce, custody, and support cases. Our firm, founded in 1997, uses a case-specific approach to handle the details of your situation in the Fauquier County Circuit Court.
Virginia law requires a one-year separation for a no-fault divorce, but fault grounds like adultery or cruelty can affect property division and support.
Virginia Family Law Statutes
Virginia family law is primarily codified in Title 20 of the Virginia Code. Key statutes include Va. Code § 20-91 (grounds for divorce), Va. Code § 20-124.2 (best interests of the child for custody), and Va. Code § 20-107.3 (equitable distribution of marital property). Mr. Sris, our managing attorney, personally contributed to amending Va. Code § 20-107.3, bringing direct experience with this critical statute to your case.
Last verified: March 2026 | Fauquier County Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s family laws, visit the Virginia Code Title 20 (Domestic Relations). For local court forms and procedures, refer to the Fauquier County Circuit Court website.
Handling a Family Law Case in Fauquier County
The Fauquier County Circuit Court handles all divorce and major family law cases. Local procedure emphasizes early financial disclosure. The court often schedules settlement conferences before trial.
- File a Complaint: File the initial complaint (e.g., for divorce) with the Fauquier County Circuit Court Clerk’s Office. Pay the required filing fee or request a fee waiver if eligible.
- Serve the Other Party: Ensure the other party is properly served with the complaint and a summons, following Virginia’s rules of service.
- Exchange Financial Disclosures: Both parties must exchange full financial disclosures, including assets, debts, income, and expenses, as required for equitable distribution and support determinations.
- Attend Settlement Conferences: Participate in settlement conferences or mediation to try to resolve issues like property division, custody, and support without a trial.
- Prepare for Trial: If settlement fails, prepare for trial by gathering evidence, identifying witnesses, and filing necessary motions with the court.
- Attend the Final Hearing: Present your case at the final hearing before a judge in the Fauquier County Circuit Court, who will issue a final order resolving all matters.
Potential Outcomes in Family Law Cases
In Fauquier County, family law cases do not carry criminal penalties but determine critical rights like child custody, support obligations, and property division.
Results may vary based on the specific facts of each case. The following table outlines common legal determinations:
| Issue | Legal Standard | Potential Outcome |
|---|---|---|
| Child Custody | Best Interests of the Child (Va. Code § 20-124.2) | Joint or sole legal/physical custody; detailed parenting plan |
| Child Support | Virginia Guidelines (Va. Code § 20-108.2) | Monthly payment based on income, childcare, and health insurance costs |
| Spousal Support | Statutory Factors (Va. Code § 20-107.1) | Temporary or permanent support; amount and duration vary |
| Property Division | Equitable Distribution (Va. Code § 20-107.3) | Fair (not necessarily equal) division of marital property and debts |
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience in Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and more than 4,739 case results firm-wide, we bring substantial resources to your family law matter. Our managing attorney’s direct involvement in amending Virginia’s equitable distribution statute provides a distinct perspective on property division cases.
Frequently Asked Questions
What are the grounds for divorce in Virginia?
Virginia recognizes both fault and no-fault grounds. The most common no-fault ground is living separate and apart for one year (or six months with no minor children and a separation agreement). Fault grounds include adultery, cruelty, desertion, and felony conviction.
How is child custody determined in Fauquier County?
The court determines custody based on the child’s best interests. Factors include the child’s age, each parent’s ability to care for the child, the child’s relationship with each parent, and the child’s adjustment to home and school. The court may award joint or sole legal and physical custody.
How is child support calculated in Virginia?
Virginia uses statutory guidelines based on both parents’ gross incomes, the number of children, and certain expenses like health insurance and childcare. The court can deviate from the guidelines for specific reasons, such as a child’s special needs or the parents’ shared custody arrangement.
What is equitable distribution in a Virginia divorce?
Equitable distribution is the process of dividing marital property and debts. The court considers factors like each spouse’s contributions, the marriage’s duration, and each spouse’s economic circumstances. Property is classified as marital, separate, or hybrid. The division aims to be fair, not necessarily equal.
Can I get spousal support in Fauquier County?
It depends. The court considers factors like the marriage’s length, each spouse’s financial resources and earning capacity, the standard of living during the marriage, and each spouse’s contributions. Support can be temporary (pendente lite) or permanent, and the amount and duration vary widely.
Case Results
Law Offices Of SRIS, P.C. has achieved favorable outcomes in family law cases across Virginia, Maryland, New Jersey, New York, and DC. Our firm-wide record includes successful resolutions involving complex property division, contested custody, and support modifications.
Results may vary. Prior results do not aim for a similar outcome.
Family Law Help in Fauquier County
Our Virginia location serves the Fauquier County area and surrounding communities. We are accessible to residents throughout the region.
Family law lawyer near Fauquier County. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
By appointment only.
Phone: (888) 437-7747
Related Legal Information
For more information, see our Virginia Family Law Lawyer hub page. If you are in a neighboring area, our Loudoun County family law lawyer can also assist. For different legal needs in Fauquier County, consider our Fauquier County criminal defense lawyer services. Learn more about Mr. Sris’s background and experience.
Last verified: March 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.