
Fairfax County divorce cases under Va. Code § 20-91 require a 6-month or 1-year separation. Law Offices Of SRIS, P.C. has 1,789 documented case results in Fairfax County. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute. Consultation by appointment.
Virginia Divorce Law and Equitable Distribution in Fairfax County
Virginia is an equitable distribution state under Va. Code § 20-107.3, meaning marital property is divided fairly but not necessarily 50/50. Mr. Sris personally amended this statute. No-fault divorce requires a 6-month separation if no minor children exist with a signed separation agreement, or a 1-year separation if minor children are involved. Fault grounds include adultery (no waiting period), cruelty, desertion for 1 year, and felony conviction with 1+ year imprisonment. Child support follows Virginia guidelines based on combined gross income. Spousal support considers 13 statutory factors under Va. Code § 20-107.1.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For the complete equitable distribution statute, see Va. Code § 20-107.3 (official Virginia General Assembly). For Fairfax County Circuit Court procedures, visit the Fairfax County General District Court website.
Insider Procedural Edge for Fairfax County Divorce Cases
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).
- 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 affidavits and asset documentation.
- Attend mediation (optional but recommended) to negotiate a settlement.
- Present a final decree for the judge’s signature after the separation period is satisfied.
In Fairfax County, divorce outcomes depend on the type of divorce and whether issues are contested or uncontested.
| Issue | Classification | Timeline | Cost | Additional Consequences |
|---|---|---|---|---|
| Uncontested divorce (no minor children) | No-fault | 2-4 months | $86 filing fee + $12 service | 6-month separation required |
| Uncontested divorce (with minor children) | No-fault | 2-4 months | $86 filing fee + $12 service | 1-year separation required |
| Contested divorce | No-fault or fault | 9-18 months | $86 filing fee + discovery costs | Guardian ad Litem ($500-$2,500+) |
| Complex equitable distribution | No-fault or fault | 12-24 months | $86 filing fee + business valuation | Forensic accountant fees |
Results may vary. Prior results do not guarantee a similar outcome.
Why Law Offices Of SRIS, P.C. Handles Fairfax County Divorce Cases
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. The firm has 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC, with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute — a credential no other Virginia family law firm can claim. The firm’s tagline is “Advocacy Without Borders.”
Samantha Rae Powers — Of Counsel, Family Law
VA Bar 2023 | FL Bar 2005 | J.D./M.A. University of Florida 2005 | Ph.D. Communication UCSB 2017 | 18+ years experience. Samantha Powers focuses exclusively on Virginia family law matters, including divorce, equitable distribution, child custody, and spousal support. She handles cases in Fairfax County Circuit Court and J&DR Court.
Mr. Sris, the firm’s founder and managing attorney, is a former prosecutor with bar admissions in VA, MD, DC, NJ, and NY. He personally amended Va. Code § 20-107.3 and provides strategic oversight on all complex family law matters.
Fairfax County Family Law Case Results
Law Offices Of SRIS, P.C. has 1,789 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.
Fairfax County Divorce Lawyer Near You
Our Fairfax location is minutes from 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.
Looking for a divorce lawyer near Fairfax County? Our office is conveniently located to serve all Northern Virginia communities.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions About Divorce in Fairfax County
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.
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.
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?
Yes. 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.
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.
