Under Virginia law, trial separation is not a formal legal status but a period of living apart that may satisfy the separation requirement for a no-fault divorce. Va. Code § 20-91(9) provides that a divorce may be granted on the grounds of living separate and apart without cohabitation for a period of six months if the parties have no minor children and have signed a separation agreement, or for one year if they have minor children. The separation must be continuous and voluntary. Fauquier County Circuit Court, located at 6 Court Street, Warrenton, VA 20186, handles all divorce and equitable distribution matters. Fauquier County Juvenile & Domestic Relations District Court handles custody, support, and protective orders during the separation period.
Last verified: April 2026 | Fauquier County Circuit Court | Virginia General Assembly — official site
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience.
For the full text of Virginia’s divorce and separation statutes, 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, judges routinely require a corroborating witness for uncontested divorce hearings. This witness must have personal knowledge of the separation period and the grounds for divorce.
- Consult with a Trial Separation Lawyer Fauquier County to determine whether you meet the separation requirements under Va. Code § 20-91.
- Draft a full separation agreement addressing child custody, child support, spousal support, and property division.
- Begin the continuous separation period and maintain separate residences.
- After the required period, file a complaint for divorce at Fauquier County Circuit Court.
- Attend the uncontested divorce hearing with your corroborating witness.
- Obtain the final divorce decree from the court.
In Fauquier County, trial separation is not a penalty but a legal prerequisite for no-fault divorce. The consequences of failing to meet separation requirements include dismissal of the divorce complaint and additional court costs.
| Issue | Requirement | Consequence of Non-Compliance |
|---|---|---|
| Separation Period (No Minor Children) | 6 months continuous separation + signed separation agreement | Dismissal of divorce complaint; must restart separation period |
| Separation Period (With Minor Children) | 1 year continuous separation | Dismissal of divorce complaint; must restart separation period |
| Separation Agreement | Signed by both parties, notarized | Court may require additional hearings to resolve disputed issues |
| Corroborating Witness | Required for uncontested divorce hearing | Hearing may be postponed; additional court costs |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm has 68 documented case results in Fauquier County: 2 dismissed or not guilty, 57 reduced or amended — a 90% favorable outcome rate.
Law Offices Of SRIS, P.C. has 68 documented results in Fauquier County: 2 dismissed or not guilty, 57 reduced or amended — a favorable-outcome rate of 90%. Results may vary. Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ.
Our location in Fairfax is approximately 25 miles from Fauquier County Circuit Court, with access via I-66 and Route 29. If you need a temporary separation lawyer Fauquier County or a separation before divorce lawyer Fauquier County, we are here to help. Serving 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 Trial Separation in Fauquier County
How long does a divorce take in Fauquier County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Fauquier County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Fauquier County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months.
Uncontested divorces in Fauquier County typically take 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Fauquier County, Virginia?
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). Fauquier County Circuit Court handles all property division.
How is child custody decided in Fauquier County, Virginia?
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.
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.
How does a Virginia lawyer defend against trial separation charges?
Defense strategies for trial separation in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91(9) (separation requirements) to build the strongest possible defense.
What should I do if I am facing trial separation charges in Virginia?
If facing trial separation 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.
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Last verified: April 2026