Fauquier County uncontested divorce requires a 6-month separation (no minor children) or 1-year separation (with minor children) under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County. An Uncontested Divorce Lawyer Fauquier County can help you file at the Circuit Court at 6 Court Street, Warrenton, VA 20186.
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
In Virginia, divorce is governed by statute. For an uncontested divorce, you must meet specific separation requirements. Under Va. Code § 20-91, you may file a no-fault divorce after living separate and apart for six months if you have no minor children and have a signed separation agreement. If you have minor children, the separation period is one year. The Fauquier County Circuit Court has jurisdiction over all divorce matters, including equitable distribution under Va. Code § 20-107.3, which was personally amended by Mr. Sris. A simple divorce filing lawyer Fauquier County can guide you through the paperwork and court process efficiently.
For a no-fault divorce lawyer Fauquier County, the process focuses on meeting the statutory separation period and filing a complete complaint with the Circuit Court. No-fault divorce does not require proving wrongdoing by either spouse. You simply need to establish the separation period and, if applicable, submit a property settlement agreement. The court will review your filing and, if everything is in order, enter a final divorce decree without a contested hearing. This approach saves time, reduces conflict, and lowers legal costs compared to a fault-based or contested divorce.
External Citation Links
- Step 1: Meet the separation period — 6 months without minor children, 1 year with minor children.
- Step 2: Draft and sign a property settlement agreement covering all marital assets and debts.
- Step 3: File a Complaint for Divorce at Fauquier County Circuit Court, 6 Court Street, Warrenton, VA 20186.
- Step 4: Serve the complaint on your spouse via sheriff or private process server.
- Step 5: Attend the uncontested hearing with your corroborating witness.
- Step 6: Receive your final divorce decree from the court.
In Fauquier County, uncontested divorce carries no criminal penalties but requires court costs of approximately $86 for filing plus service fees.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Uncontested Divorce (No Minor Children) | Civil Proceeding | None | $86 filing fee + service costs | None | 6-month separation required |
| Uncontested Divorce (With Minor Children) | Civil Proceeding | None | $86 filing fee + service costs | None | 1-year separation required; custody/support order needed |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Fauquier County Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm has achieved 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs how marital property is divided in Virginia divorces. This achievement demonstrates our deep understanding of Virginia family law and our commitment to improving the legal system for clients. Our tagline, “Advocacy Without Borders,” reflects our dedication to serving clients across multiple states and jurisdictions.
Case Results in Fauquier County
Law Offices Of SRIS, P.C. has 73 total documented case results across all practice areas in Fauquier County, with a 97% favorable outcome rate. Our firm-wide results across VA, MD, NJ, NY, and DC total 4,739+ cases with a 93%+ favorable outcome rate. Every case is different, and results depend on the specific facts and circumstances.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Fauquier County Service Area
Our Fairfax location is approximately 30 miles from Fauquier County Circuit Court, accessible via I-66 and Route 29.
Near me: Uncontested divorce lawyer near Warrenton, VA.
Neighborhoods served: Warrenton, New Baltimore, Bealeton, Marshall, The Plains.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions About Uncontested Divorce in Fauquier County
How long does an uncontested divorce take in Fauquier County?
Yes. An uncontested divorce with a signed separation agreement typically takes 2-4 months from filing to final decree in Fauquier County Circuit Court.
It depends on court scheduling. The court typically sets uncontested hearings within 30-60 days of filing. With all paperwork in order, you can expect a final decree within 2-4 months. Delays occur if the separation agreement is incomplete or if the corroborating witness is unavailable.
What are the costs for an uncontested divorce in Fauquier County?
The Circuit Court filing fee is approximately $86, plus sheriff service of process at $12 or private process server at $50-$100.
Additional costs may include a Guardian ad Litem for custody issues ($500-$2,500+) and mediation ($100-$300 per hour per party). Attorney fees vary based on complexity. A simple uncontested divorce with a pre-signed agreement costs less than a contested case.
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. Separate property acquired before marriage, by inheritance, or as a gift is excluded from division.
How is child custody decided in Fauquier County?
Custody is based on the best 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.
Fauquier County Juvenile and Domestic Relations Court handles standalone custody cases. Fauquier County Circuit Court handles custody within divorce cases. The court may appoint a Guardian ad Litem to represent the child’s interests.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children with signed agreement) or 1-year separation. Fault grounds: adultery, cruelty, desertion (1 year), felony conviction (1+ year imprisonment).
Fault grounds require proof and may affect spousal support. No-fault divorce is the most common path for uncontested cases. You must file at Fauquier County Circuit Court regardless of the grounds you choose.
Do I need a lawyer for an uncontested divorce in Fauquier County?
It depends. While you can file pro se, an attorney ensures your separation agreement is legally sound and protects your rights.
Errors in paperwork or missing the corroborating witness requirement can delay your case. A simple divorce filing lawyer Fauquier County can handle the entire process, from drafting the complaint to appearing at the hearing, saving you time and stress.