Divorce & Family Law Attorney in Fairfax County, Virginia
Virginia Family Law Statutes
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally under Va. Code § 20-107.3. No-fault divorce requires a 6-month separation if there are no minor children and a signed agreement, or a 1-year separation if minor children are involved. 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 family law statutes, visit the Virginia Code Title 20, Chapter 6 (Domestic Relations). The Fairfax County General District Court website provides forms, filing information, and court schedules.
Fairfax County Family Court Process
Fairfax County Circuit Court handles all divorce, equitable distribution, and spousal support matters at 4110 Chain Bridge Road. The 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.
- File a complaint for divorce or a petition for custody/support with the appropriate Fairfax County court.
- Serve the other party with the legal documents, either by sheriff, private process server, or acceptance of service.
- Attend any pendente lite hearing for temporary support and custody, typically set within 21-60 days of filing a motion.
- Complete discovery, which may include financial disclosures, depositions, and property appraisals.
- Attempt settlement through negotiation or mediation; if unsuccessful, proceed to a final hearing or trial.
- Obtain a final decree from the court outlining all terms of the divorce, custody, support, and property division.
Penalties and Legal Standards
In Fairfax County, family law matters involve equitable distribution of property, child support based on Virginia guidelines, and spousal support determined by 13 statutory factors.
| Issue | Legal Standard | Court | Typical Timeline | Key Factors |
|---|---|---|---|---|
| Property Division | Equitable Distribution (Va. Code § 20-107.3) | Fairfax County Circuit Court | 12-24 months (complex) | 11 statutory factors, marital vs. separate property |
| Child Custody | Best Interests of the Child (Va. Code § 20-124.3) | Fairfax County J&DR Court | Varies | 10 factors including parental role and child’s relationships |
| Child Support | Virginia Guidelines (Va. Code § 20-108.1) | Fairfax County J&DR Court | Established at hearing | Combined gross income, custody arrangement, healthcare costs |
| Spousal Support | 13 Statutory Factors (Va. Code § 20-107.1) | Fairfax County Circuit Court | Determined at final hearing | Length of marriage, earning capacities, standard of living |
Results may vary. Each case depends on 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 unique insight into 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 Representation
Our Fairfax location serves clients at the Fairfax County courts. We represent individuals in 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
(703) 636-5417
By appointment only.
Frequently Asked Questions
How long does a divorce take in Fairfax County, Virginia?
Uncontested divorce with a signed separation agreement: 2-4 months from filing to final decree. Contested divorce: 9-18 months. Complex equitable distribution with business valuation: 12-24 months. Pendente lite hearings for temporary support are typically set within 21-60 days of the motion.
How much does a divorce cost in Fairfax County, Virginia?
Circuit Court filing fee for a divorce complaint is approximately $86. Additional costs include sheriff service ($12), private process server ($50-$100), pendente lite motion court costs, Guardian ad Litem 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 but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3, which was personally amended by Mr. Sris. Separate property is excluded.
How is child custody decided in Fairfax County, Virginia?
Custody is based on the child’s best interests under Va. Code § 20-124.3, considering 10 factors including each parent’s role and the child’s relationship with each parent. Fairfax County Juvenile and Domestic Relations Court handles standalone custody cases.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children and a signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Cases are filed at Fairfax County Circuit Court.
Related Legal Services
For more information, see our Virginia family law hub page. We also serve clients in Falls Church and Prince William County. If you need assistance with other matters, consider our Fairfax County criminal defense lawyer or Fairfax County DUI lawyer. Learn more about our attorneys.
Last verified: March 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.