An uncontested divorce in Fauquier County, Virginia, is a no-fault dissolution of marriage where both spouses agree on all terms, governed by Va. Code § 20-91. Law Offices Of SRIS, P.C. has 68 documented results in Fauquier County. You can finalize an uncontested divorce in 2-4 months after filing at the Fauquier County Circuit Court.
Uncontested Divorce Lawyer in Fauquier County, Virginia
Virginia law provides for no-fault divorce under Va. Code § 20-91(A)(9). You may file for an uncontested divorce after living separate and apart for six months if you have no minor children and have signed a property settlement agreement. If you have minor children, the separation period is one year. The Fauquier County Circuit Court, located at 6 Court Street, Warrenton, VA 20186, has jurisdiction over all divorce, equitable distribution, and spousal support matters in Fauquier County. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Last verified: May 2026 | Fauquier 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 Fauquier County Circuit Court, the judges expect a fully executed property settlement agreement before the uncontested hearing. We have observed that cases with a signed agreement and a corroborating witness move through the docket significantly faster than those without.
- Separate from your spouse and begin the statutory waiting period.
- Draft and sign a full property settlement agreement with your attorney.
- File the complaint for divorce at the Fauquier County Circuit Court.
- Serve your spouse with the complaint and summons.
- Attend the uncontested hearing with your corroborating witness.
- Receive the final decree of divorce from the court.
In Fauquier County, an uncontested divorce carries no criminal penalties, but the financial and legal consequences of an improperly drafted agreement can be significant.
| Issue | Classification | Financial Impact | Legal Consequence | Timeline | Additional Considerations |
|---|---|---|---|---|---|
| Uncontested Divorce (No Minor Children) | No-Fault Dissolution | Filing fee: ~$86; Attorney fees vary | Final decree of divorce | 2-4 months after filing | 6-month separation required |
| Uncontested Divorce (With Minor Children) | No-Fault Dissolution | Filing fee: ~$86; Child support may apply | Final decree + custody/support order | 3-6 months after filing | 1-year separation required |
| Property Settlement Agreement | Contract | Enforceable by court | Binding on both parties | Negotiated before filing | Can be modified by mutual agreement |
Results may vary.
Law Offices Of SRIS, P.C. has 68 documented results in Fauquier County: 2 dismissed or not guilty, 57 reduced or amended — a 90% favorable outcome rate. Results may vary. These results include traffic, DUI, and public order cases handled by the firm in Fauquier County General District Court and Fauquier County Circuit Court.
Our location in Fairfax is approximately 25 miles from the Fauquier County Circuit Court, with access via I-66 and Route 29. If you are searching for an uncontested divorce lawyer near Fauquier County, we serve the communities of 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
4008 Williamsburg Court, Fairfax, VA 22032
(703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only
Frequently Asked Questions About Uncontested Divorce in Fauquier County
How long does a divorce take in Fauquier County, Virginia?
Yes. Uncontested divorces typically resolve in 2-6 months after filing at Fauquier County Circuit Court, depending on mandatory separation periods and court calendar.
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Fauquier County Circuit Court, depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. An uncontested divorce with a signed separation agreement takes 2-4 months from filing to final decree. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
How much does a divorce cost in Fauquier County, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86, with additional costs for service of process and other filings.
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. Cases filed at Fauquier County Circuit Court.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50.
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 is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role and the child’s relationship with each parent.
Custody in Fauquier 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. Fauquier County J&DR Court handles standalone custody matters. Fauquier County Circuit Court handles custody within divorce cases.
What are the grounds for divorce in Virginia?
No-fault grounds include 6-month separation (no minor children) or 1-year separation. Fault grounds include adultery, cruelty, desertion, and felony conviction.
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.
How does a Virginia lawyer handle a simple divorce filing in Fauquier County?
A simple divorce filing lawyer in Fauquier County helps you prepare and file the necessary paperwork, ensuring compliance with Virginia’s separation requirements and court procedures.
A simple divorce filing lawyer Fauquier County helps you prepare and file the necessary paperwork, ensuring compliance with Virginia’s separation requirements and court procedures. The attorney drafts the complaint, property settlement agreement, and any child-related documents, then represents you at the uncontested hearing.
What is a no-fault divorce in Virginia?
A no-fault divorce lawyer in Fauquier County handles divorces based on separation without proving fault, requiring 6 months or 1 year of separation.
A no-fault divorce lawyer Fauquier County handles divorces based on separation without proving fault, requiring 6 months or 1 year of separation. No-fault divorce is the most common type of uncontested divorce in Virginia, as it does not require proving adultery, cruelty, or other fault grounds.
Learn more about our Flat Fee Uncontested Divorce Lawyer Virginia services. We also serve clients in Family Law Lawyer Loudoun County and Family Law Lawyer Fairfax County. For related criminal defense matters, see our Assault Lawyer Fauquier County and Robbery Lawyer Fauquier County pages.
Last verified: May 2026. This page was last updated on 2026-05-01. The information provided is based on Virginia law as of this date.