A contested divorce in Fairfax County, Virginia, involves disputes over property division, spousal support, child custody, or child support under Va. Code § 20-91 and § 20-107.3. Law Offices Of SRIS, P.C. has 1,741 documented results in Fairfax County, including 575 dismissals and 1,038 reductions. A Contested Divorce Lawyer Fairfax from our firm provides trial representation and guides you through the contested divorce process.
Contested Divorce Lawyer Fairfax, Virginia
In Virginia, a contested divorce is governed by Va. Code § 20-91, which establishes the grounds for divorce. The statute provides for no-fault divorce after a 6-month separation (if no minor children and a signed separation agreement exists) or a 1-year separation (if minor children are involved). Fault-based grounds include adultery (no waiting period), cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. Under Va. Code § 20-107.3, the court divides marital property equitably — not necessarily equally — considering 11 statutory factors. Mr. Sris personally amended this statute, which governs equitable distribution in every Virginia divorce. The Fairfax County Circuit Court, located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030, handles all divorce, equitable distribution, and spousal support matters. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience.
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly — official site
For the full text of Virginia’s divorce laws, see Va. Code § 20-91 (Virginia General Assembly — official site) and Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Fairfax County Circuit Court, prosecutors and family court judges routinely expect parties to have attempted mediation before trial. We have observed that judges in Fairfax County are particularly attentive to detailed financial disclosures and will sanction parties who fail to provide complete discovery.
- File a complaint for divorce at Fairfax County Circuit Court, 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030.
- Serve the complaint on your spouse via sheriff or private process server.
- File a pendente lite motion for temporary support or custody if needed.
- Exchange financial documents through discovery, including tax returns, bank statements, and retirement accounts.
- Attend mediation or a settlement conference to attempt resolution.
- Proceed to trial if no settlement is reached, where the judge decides all contested issues.
In Fairfax County, a contested divorce carries no criminal penalties, but the financial and custodial consequences can be significant. The court may order spousal support, child support, and equitable distribution of marital property.
| Issue | Classification | Financial Impact | Custody Impact | Additional Consequences |
|---|---|---|---|---|
| Equitable Distribution | Civil | Division of marital assets and debts | None directly | May require business valuation or forensic accounting |
| Spousal Support | Civil | Monthly payments based on 13 statutory factors | None directly | Modifiable upon change in circumstances |
| Child Support | Civil | Calculated using Virginia guidelines based on combined gross income | May affect custody arrangements | Enforceable through wage garnishment |
| Child Custody | Civil | None directly | Based on experienced interests of the child (10 factors) | May require Guardian ad Litem ($500-$2,500+) |
Results may vary.
Law Offices Of SRIS, P.C. has 1,741 documented results in Fairfax County: 575 dismissed or not guilty, 1,038 reduced or amended — a 96% favorable outcome rate. Firm-wide, the firm has 4,739+ documented results across VA, MD, DC, NY and NJ. Results may vary.
Our location in Fairfax is approximately 1.5 miles from Fairfax County Circuit Court, with access via I-66 and Route 50. We serve as a contested divorce lawyer near Fairfax and the surrounding communities of Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and Falls Church. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
(703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.
How long does a divorce take in Fairfax County, Virginia?
It depends. Uncontested divorces typically resolve in 2-6 months after filing at Fairfax County Circuit Court. Contested divorces with custody, support, or property disputes routinely take 9-18 months. Complex equitable distribution cases can extend longer. Fairfax County Circuit Court handles all divorce and equitable distribution matters under Va. Code § 20-91.
How much does a divorce cost in Fairfax County, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86. Additional costs include sheriff service of process ($12), private process server ($50-$100), Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300/hour per party). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3).
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?
Custody in Fairfax County is based on the experienced 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 under Va. Code § 20-91.
How does a Virginia lawyer defend against contested divorce charges?
Defense strategies for contested divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with opposing counsel, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (fault-based or 1-year separation) to build the strongest possible defense.
What should I do if I am facing contested divorce charges in Virginia?
If facing contested divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
Learn more about our services: Flat Fee Uncontested Divorce Lawyer Virginia (state hub). Explore related pages: Family Law Lawyer Loudoun County, Family Law Lawyer Falls Church, and Family Law Lawyer Stafford County. Also see: Consumer Protection Lawyer Fairfax County and Assault Lawyer Fairfax County.
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly — official site