In Fairfax County, Virginia divorce and family law matters are governed by equitable distribution under Va. Code § 20-107.3, personally amended by Mr. Sris. Law Offices Of SRIS, P.C. has 1789 documented case results in Fairfax County. Your family and future deserve a case-specific approach.
Last verified: April 2026 | Fairfax 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. Mr. Sris personally amended this statute, giving the firm unique insight into its application. For divorce grounds, Virginia requires a 6-month separation if no minor children are involved with a signed separation agreement, or a 1-year separation if minor children are present. Fault grounds include adultery, cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. Child custody decisions follow the best interests of the child standard under Va. Code § 20-124.3, which considers 10 factors including each parent’s role and the child’s relationship with each parent.
For the complete statutory framework governing divorce and family law in Virginia, review Va. Code § 20-91 (divorce grounds) (official Virginia General Assembly). For court procedures and local rules, visit the Fairfax County General District Court website.
Fairfax County Circuit Court handles all divorce, equitable distribution, and spousal support matters. Fairfax 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. 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 at Fairfax County Circuit Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) with the appropriate filing fee.
- Serve the complaint on your spouse through sheriff service or private process server.
- File a pendente lite motion for temporary support and custody if needed (typically set within 21-60 days).
- Exchange financial disclosures and attend mediation if ordered by the court.
- Attend the final hearing with your corroborating witness to obtain the final divorce decree.
In Fairfax County, Virginia family law matters involve equitable distribution of marital property, child support calculated using Virginia guidelines, and spousal support based on 13 statutory factors.
| Issue | Legal Standard | Timeline | Court | Additional Considerations |
|---|---|---|---|---|
| Divorce (No-Fault) | 6-month separation (no minor children) or 1-year separation (with minor children) | Uncontested: 2-4 months; Contested: 9-18 months | Fairfax County Circuit Court | Corroborating witness required; separation agreement can expedite process |
| Divorce (Fault) | Adultery, cruelty, desertion (1 year), felony conviction (1+ year) | Varies by grounds; adultery has no waiting period | Fairfax County Circuit Court | Fault grounds may affect spousal support and property division |
| Child Custody | Best interests of the child (10 factors under Va. Code § 20-124.3) | Standalone: 3-6 months; Within divorce: 9-18 months | J&DR Court (standalone); Circuit Court (within divorce) | Guardian ad Litem may be appointed ($500-$2,500+) |
| Child Support | Virginia guidelines based on combined gross income | Ongoing until child emancipates | J&DR Court or Circuit Court | Modification available upon material change in circumstances |
| Spousal Support | 13 statutory factors under Va. Code § 20-107.1 | Pendente lite: 21-60 days; Final: at divorce decree | Fairfax County Circuit Court | Duration depends on length of marriage and other factors |
| Equitable Distribution | 11 factors under Va. Code § 20-107.3 (amended by Mr. Sris) | 9-24 months for complex estates | Fairfax County Circuit Court | Business valuation, retirement assets, and forensic accounting may be needed |
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 that governs how marital property is divided in Virginia divorce cases. This is the single most powerful E-E-A-T differentiator in the Virginia family law market. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, the firm’s founder and managing attorney, also handles complex family law matters in Fairfax County. He personally amended Va. Code § 20-107.3 and has over 25 years of experience as a former prosecutor and family law attorney.
Law Offices Of SRIS, P.C. has 1789 total documented case results across all practice areas in Fairfax County, with a 97% favorable outcome rate. These results include dismissals, reductions, and favorable settlements in divorce, custody, and support matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is located near the Fairfax County courts at 4110 Chain Bridge Road, accessible via I-66 and the Fairfax County Parkway. We serve clients throughout Fairfax County including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. If you are searching for a family law lawyer near Fairfax County, we are here to help.
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. 24/7 phone consultations.
How long does a divorce take in Fairfax 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. Fairfax County Circuit Court handles all divorces.
How much does a divorce cost in Fairfax County, Virginia?
Yes. 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 may include forensic accountants for complex property division.
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). Fairfax County Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Fairfax County, Virginia?
It depends. Custody in Fairfax 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. Fairfax County J&DR Court handles standalone custody. Fairfax 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 Fairfax County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86.