Contested Divorce Lawyer Fauquier County — What Are Your Options?
A contested divorce in Fauquier County involves unresolved issues like property division, alimony, or child custody, requiring litigation under Virginia law. As a contested divorce lawyer Fauquier County, Law Offices Of SRIS, P.C. provides full representation in Fauquier County Circuit Court. We have 73 documented case results in this locality. Our contested divorce process lawyer Fauquier County approach focuses on protecting your rights and assets.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Virginia Contested Divorce Law
Virginia law governs contested divorces, where spouses cannot agree on key terms. The process is defined by statutes including Va. Code § 20-91 (divorce grounds) and Va. Code § 20-107.3 (equitable distribution). A contested divorce requires filing a complaint, serving the other party, and proceeding through discovery, hearings, and potentially a trial. The court decides unresolved issues based on evidence and legal arguments. The firm was founded in 1997 by former prosecutor Mr. Sris, who personally amended the equitable distribution statute.
Court Process and Local Insight
Fauquier County Circuit Court handles all contested divorce, equitable distribution, and spousal support matters at 6 Court Street in Warrenton. Virginia requires at least one corroborating witness for an uncontested divorce hearing; a contested case involves more complex procedures. In this court, judges expect thorough documentation and adherence to local rules for financial disclosures and custody evaluations.
- File a Complaint for Divorce with the Fauquier County Circuit Court Clerk.
- Serve the complaint and a summons on your spouse through a sheriff or process server.
- Engage in the discovery process, exchanging financial documents and other evidence.
- Attend settlement conferences or mediation sessions ordered by the court.
- Prepare for and participate in pre-trial hearings on temporary support or custody.
- Proceed to a final trial before a judge if no settlement is reached.
What Is at Stake in a Contested Divorce?
In Fauquier County, a contested divorce determines the division of all marital assets and debts, spousal support, and, if applicable, child custody and support.
| Issue | Legal Standard | Potential Outcome |
|---|---|---|
| Property Division | Equitable Distribution (Va. Code § 20-107.3) | Fair, not necessarily equal, division of marital property. |
| Spousal Support | 13 Statutory Factors (Va. Code § 20-107.1) | Temporary or permanent support based on need and ability to pay. |
| Child Custody | Best Interests of the Child (Va. Code § 20-124.3) | Legal and physical custody arrangements. |
| Child Support | Virginia Guidelines | Monthly support based on parents’ incomes and custody time. |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have over 120 years of combined legal experience. We have achieved 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our firm deep insight into this critical area of 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 Fauquier County
Our firm has 73 total documented case results across all practice areas in Fauquier County, with a 97% favorable outcome rate. These results include favorable resolutions in family law matters. Mr. Sris, our managing attorney and a former prosecutor, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Fauquier County Contested Divorce Lawyer
Our Fairfax location serves clients at Fauquier County courts. We represent clients in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. Accessible via I-66, Route 29, and Route 17. 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Contested Divorce Lawyer Fauquier County FAQs
How long does a contested divorce take in Fauquier County?
It depends. A contested divorce in Fauquier County typically takes 9 to 18 months from filing to final decree. Complex cases involving business valuation or disputed custody can take 12 to 24 months. The timeline depends on court scheduling, the extent of discovery, and whether settlement is reached.
What is the difference between contested and uncontested divorce?
Yes. An uncontested divorce means both spouses agree on all terms. A contested divorce means there are unresolved issues requiring court intervention, such as property division, alimony, or child custody, necessitating a divorce trial representation lawyer Fauquier County.
How is property divided in a Virginia contested divorce?
Virginia is an equitable distribution state. The court divides marital property fairly based on 11 factors in Va. Code § 20-107.3, which Mr. Sris personally amended. This is not a 50/50 split. Separate property, like pre-marriage assets or inheritances, is typically not divided.
Can I get temporary support during a contested divorce?
Yes. You can file a pendente lite motion for temporary spousal support, child support, or custody orders. Fauquier County Circuit Court typically schedules these hearings within 21 to 60 days of filing the motion to provide financial stability during the case.
Do I have to go to mediation in a contested divorce?
Mediation is available but not mandatory in Virginia contested divorces. The Fauquier County Circuit Court may refer parties to mediation to attempt settlement. If mediation fails, the case proceeds to trial where a judge makes the final decisions.
For more information, see our Virginia Family Law Lawyer hub page. We also assist clients in Fairfax County and with Criminal Defense in Fauquier County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.