In Fauquier County, Virginia, divorce is governed by Va. Code § 20-91 and equitable distribution under Va. Code § 20-107.3. Law Offices Of SRIS, P.C. has 73 documented case results across all practice areas (97% favorable outcome rate). A Felony Conviction Divorce Lawyer Fauquier County can help you understand how a criminal record affects your divorce.
Virginia Divorce Laws and Grounds for Divorce in Fauquier County
Virginia law provides for both no-fault and fault-based divorce. No-fault divorce 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 (no waiting period), cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. This last ground is directly relevant to anyone needing a Felony Conviction Divorce Lawyer Fauquier County. The primary statute is Va. Code § 20-91 (divorce grounds) and Va. Code § 20-107.3 (equitable distribution — personally amended by Mr. Sris).
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Divorce After a Felony Conviction in Fauquier County
Virginia law specifically recognizes a felony conviction with imprisonment for one year or more as a fault ground for divorce under Va. Code § 20-91(A)(3). This means you do not need to wait the standard separation period if your spouse has been convicted of a felony and incarcerated for at least one year. A divorce after felony lawyer Fauquier County can file for divorce immediately on this ground, potentially accelerating the timeline significantly compared to a no-fault divorce.
Official Resources for Fauquier County Family Law
- Va. Code § 20-91 (Divorce grounds — official Virginia General Assembly)
- Fauquier County General District Court (official court website)
How Divorce Cases Proceed in Fauquier County Circuit Court
Fauquier County Circuit Court at 6 Court Street, Warrenton handles all divorce, equitable distribution, and spousal support matters. The court requires at least one corroborating witness for an uncontested divorce hearing. A property settlement agreement can resolve all issues without trial.
- File a complaint for divorce at Fauquier County Circuit Court (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 within 21-60 days).
- Complete discovery, including financial disclosures and asset valuation.
- Attend mediation (not mandatory but encouraged) or proceed to trial.
- Obtain final decree of divorce from the Circuit Court.
In Fauquier County, Virginia, divorce outcomes depend on the grounds for divorce, length of marriage, and financial circumstances of both parties.
| Issue | Legal Standard | Timeline | Key Factors |
|---|---|---|---|
| No-Fault Divorce | 6-month separation (no minor children) or 1-year separation (with minor children) | 2-4 months (uncontested); 9-18 months (contested) | Signed separation agreement required for 6-month option |
| Fault Divorce (Felony Conviction) | Felony conviction with 1+ year imprisonment | No waiting period; can file immediately | Must prove conviction and incarceration |
| Equitable Distribution | Fair but not necessarily equal division under Va. Code § 20-107.3 | Part of divorce proceedings | 11 statutory factors including contributions, debts, and separate property |
| Child Custody | Best interests of the child under Va. Code § 20-124.3 | J&DR Court (standalone); Circuit Court (within divorce) | 10 factors including each parent’s role and history of abuse |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Fauquier County Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. The firm has documented 4,739+ case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs how marital property is divided in Virginia divorces. This is a unique credential that no other family law attorney in Fauquier County can claim. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, founder and managing attorney, provides secondary oversight on all Fauquier County family law cases. His personal amendment of Va. Code § 20-107.3 gives the firm unparalleled insight into Virginia’s equitable distribution framework.
Documented Case Results
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. These results include dismissals, reductions, and favorable settlements in family law and related matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fauquier County Location
Our Fairfax location serves clients at Fauquier County courts (6 Court Street, Warrenton, VA 20186). The location is accessible via I-66 (eastern county), Route 29, Route 17, Route 28, and Route 211.
Family law lawyer near 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 Location
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions About Divorce in Fauquier County
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. Guardian ad Litem for custody: typically $500-$2,500+. Mediation: $100-$300/hour per party. Total costs vary significantly based on complexity and whether the case is contested.
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. 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. A Felony Conviction Divorce Lawyer Fauquier County can advise on fault-based divorce options.
Can I get a divorce if my spouse is in prison for a felony?
Yes. Virginia law allows divorce on the ground of felony conviction with imprisonment for one year or more under Va. Code § 20-91(A)(3). You do not need to wait the standard separation period. A divorce after felony lawyer Fauquier County can file immediately on this ground, potentially accelerating your divorce timeline significantly.
Related Legal Services
- Virginia Divorce & Family Law Lawyer
- Fairfax County Divorce & Family Law Lawyer
- Prince William County Divorce & Family Law Lawyer
- Fauquier County Criminal Defense Lawyer
- Fauquier County DUI/DWI Lawyer
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.