
Divorce & Family Law Attorney in Fauquier County, Virginia — What Are Your Options?
Facing divorce in Fauquier County? Virginia is an equitable distribution state under Va. Code § 20-107.3, personally amended by Mr. Sris. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County. A Temporary Alimony Lawyer Fauquier County can help secure interim support during your divorce proceedings.
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 20-107.1 (official Virginia General Assembly)
Under Virginia law, spousal support is governed by Va. Code § 20-107.1, which provides for both permanent and temporary maintenance. A pendente lite support lawyer Fauquier County handles motions for temporary support filed during the pendency of a divorce case. The court considers 13 statutory factors including the duration of the marriage, each spouse’s earning capacity, and the standard of living established during the marriage. An interim spousal support lawyer Fauquier County can help you understand how these factors apply to your situation. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3 (equitable distribution statute) and brings over 120 years of combined firm experience to your case.
External resources: Va. Code § 20-107.1 (official Virginia General Assembly) | Fauquier County General District Court
- File a complaint for divorce or answer a pending complaint at Fauquier County Circuit Court, 6 Court Street, Warrenton, VA 20186.
- Prepare a detailed financial statement (Form VS-1) showing all income, expenses, assets, and debts.
- File a motion for pendente lite support with the court, including a proposed order and supporting affidavit.
- Attend the pendente lite hearing, typically scheduled within 21-60 days of filing the motion.
- If granted, the temporary support order remains in effect until the final divorce decree or a modification order.
- Finalize the divorce, which may include a permanent spousal support order based on the 13 statutory factors.
In Fauquier County, spousal support carries a range from no support to up to 50% of the higher-earning spouse’s income, depending on the 13 statutory factors under Va. Code § 20-107.1.
| Issue | Classification | Duration | Amount Range | Modification | Tax Treatment |
|---|---|---|---|---|---|
| Pendente Lite Support | Temporary | Until final decree | Discretionary | Yes — changed circumstances | Taxable to recipient (pre-2019) or non-taxable (post-2019) |
| Spousal Support | Permanent or term-limited | Varies by case | Based on 13 factors | Yes — material change | Per agreement or court order |
Results may vary. Prior results do not guarantee a similar outcome.
Samantha Rae Powers — Of Counsel, Family Law. VA Bar 2023 | FL Bar 2005 | J.D./M.A. University of Florida 2005 | Ph.D. Communication UCSB 2017 | 18+ years experience. Samantha focuses exclusively on Virginia family law matters including divorce, custody, and support.
Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County across all practice areas, with a 97% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Fairfax Location
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax Location is approximately 25 miles from Fauquier County Circuit Court, accessible via I-66 (eastern county), Route 29, Route 17, Route 28, and Route 211. If you need a family law lawyer near Warrenton or a divorce attorney near Fauquier County, we serve clients throughout the area. We represent clients in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Yes. Virginia allows pendente lite spousal support while the divorce is pending. The court considers 13 factors under Va. Code § 20-107.1. A Temporary Alimony Lawyer Fauquier County can file a motion and represent you at the hearing.
It depends. An uncontested divorce with a signed separation agreement takes 2-4 months. A contested divorce takes 9-18 months. A pendente lite hearing for temporary support is typically set within 21-60 days of filing the motion.
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 Mr. Sris personally amended.
The Circuit Court filing fee is approximately $86. Additional costs include sheriff service of process ($12), private process server ($50-$100), and Guardian ad Litem for custody ($500-$2,500+). Mediation costs $100-$300 per hour per party.
Custody is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors. Fauquier County J&DR Court handles standalone custody cases. Fauquier County Circuit Court handles custody within divorce cases.
No-fault grounds include 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children). Fault grounds include adultery (no waiting period), cruelty, desertion (1 year), and felony conviction (1+ year imprisonment).
