Divorce & Family Law Attorney in Fairfax County, Virginia
Virginia Family Law Statutes
Virginia is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally, under Va. Code § 20-107.3. This statute, personally amended by Mr. Sris, lists 11 factors the court must consider. No-fault divorce requires a 6-month separation if there are no minor children and a signed agreement, or a 1-year separation otherwise. Fault grounds include adultery, cruelty, desertion for one year, or felony conviction with imprisonment for one year or more.
Last verified: March 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s family law statutes, visit the Virginia Code Title 20, Chapter 6 (official Virginia General Assembly). Court forms and local rules for Fairfax County can be found on the Fairfax County General District Court website.
Fairfax County Family Court Process
The Fairfax County Circuit Court handles all divorce, equitable distribution, and spousal support matters. The Fairfax County Juvenile and Domestic Relations Court handles standalone custody, visitation, child support, and protective orders.
- File a Complaint for Divorce with the Fairfax County Circuit Court Clerk’s Office. The filing fee is approximately $86.
- Serve the complaint and a summons on your spouse using the sheriff’s office, a private process server, or waiver if they agree.
- If the case is contested, attend a pendente lite hearing for temporary orders, typically set within 21-60 days of filing a motion.
- Complete discovery, which may include financial disclosures, depositions, and subpoenas for business records.
- Attend mediation if ordered by the court or if both parties agree to attempt settlement.
- Proceed to a final hearing or trial if no settlement is reached, where a judge will decide all unresolved issues.
Penalties and Legal Standards
In Fairfax County, divorce and family law matters involve specific legal standards for property division, support, and custody, not criminal penalties. Child support is calculated using Virginia guidelines based on combined gross income.
| Issue | Legal Standard | Court | Typical Timeline |
|---|---|---|---|
| Property Division | Equitable Distribution (Va. Code § 20-107.3) | Fairfax County Circuit Court | 12-24 months if complex |
| Child Custody | Best Interests of the Child (Va. Code § 20-124.3) | Fairfax County J&DR Court | Varies |
| Child Support | Virginia Guidelines | Fairfax County J&DR Court | Established at hearing |
| Spousal Support | 13 Statutory Factors (Va. Code § 20-107.1) | Fairfax County Circuit Court | Decided pendente lite & final |
Results may vary. Each case depends on its unique facts and circumstances.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined attorney experience. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, providing a deep understanding of property division law.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results in Fairfax County
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 family law matters.
Results may vary. Prior results do not aim for a similar outcome.
Local Family Law Representation
Our Fairfax location serves clients at the Fairfax County courts on Chain Bridge Road. We are a family law lawyer near Fairfax County Courthouse, serving Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. 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
Phone: (703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions
How long does a divorce take in Fairfax County, Virginia?
An uncontested divorce with a signed separation agreement takes 2-4 months from filing to final decree. A contested divorce typically takes 9-18 months. Complex cases with business valuation can take 12-24 months. Pendente lite hearings for temporary orders are usually set within 21-60 days of filing a motion.
How much does a divorce cost in Fairfax County, Virginia?
The Fairfax County Circuit Court filing fee for a divorce complaint is approximately $86. Additional costs include sheriff service of process ($12), private process server fees ($50-$100), pendente lite motion costs, Guardian ad Litem fees for custody ($500-$2,500+), and mediation ($100-$300 per hour per party).
Is Virginia a community property state?
No. Virginia is an equitable distribution state. Marital property is divided fairly based on 11 factors under Va. Code § 20-107.3, not necessarily 50/50. Separate property, like pre-marriage assets or inheritances, is excluded from division.
How is child custody decided in Fairfax County, Virginia?
Custody is based on the child’s best interests under Va. Code § 20-124.3. The court considers 10 factors, including each parent’s role, the child’s relationship with each parent, and any history of abuse. Standalone custody cases go to Juvenile and Domestic Relations Court.
What are the grounds for divorce in Virginia?
No-fault grounds require a 6-month separation (no minor children and a signed agreement) or a 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion for one year, or felony conviction with one year or more of imprisonment.
Related Legal Services
For more information, see our Virginia Family Law Lawyer hub page. We also serve neighboring areas like Fairfax City and Falls Church. If you need other legal assistance in Fairfax County, consider our Criminal Defense Lawyer or DUI/DWI Lawyer services. Learn more about Mr. Sris or visit our Fairfax office page.
Last verified: March 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.