Contested Divorce Lawyer Fairfax County, VA

In Fairfax County, a contested divorce arises when spouses cannot agree on one or more key issues—such as property division, spousal support, child custody, or the grounds for divorce itself. Instead of a mutual settlement, a judge must decide these matters after evidence and argument. Law Offices Of SRIS, P.C. Concentrates its practice on family law, and Mr. Sris, together with the firm’s Of Counsel attorneys, represents individuals in contested divorce proceedings before the Fairfax County Circuit Court. To discuss your situation and learn how we may help, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

On This Page

What a Contested Divorce Means in Fairfax County

Under Virginia law, a divorce is contested when the parties disagree about custody, support, or the distribution of assets. The Fairfax County Circuit Court has exclusive original jurisdiction over all divorce suits (Va. Code § 20‑96). A contested case may involve fault‑based grounds—such as adultery, cruelty, desertion for one year, or a felony conviction resulting in incarceration of more than one year—or it may rest on a no‑fault separation, which requires either one year of living apart, or six months if the couple has no minor children and a signed separation agreement is in place (Va. Code § 20‑91).

Because Fairfax County is an equitable‑distribution jurisdiction, marital property is divided fairly, not necessarily equally. The court considers 11 statutory factors under Va. Code § 20‑107.3, including each spouse’s contributions to the marriage, the length of the marriage, and the reasons for its dissolution. Custody and support issues are resolved according to the trusted‑interests‑of‑the‑child standard (Va. Code § 20‑124.3). Contested divorces are heard at the Fairfax County Circuit Court, located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030. The firm’s Fairfax location—at 4008 Williamsburg Court, Fairfax, VA 22032—serves clients throughout the county and surrounding communities.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Contested Divorce Cases

A contested divorce often involves formal discovery, motions practice, and, if necessary, trial. Mr. Sris and the firm’s Of Counsel attorneys develop a strategy tailored to the client’s goals—whether the aim is to protect a business, secure a fair property award, or obtain a custody arrangement that serves the child’s welfare. The team evaluates the financial and personal history of the marriage, identifies the core disputes, and works to resolve as many issues as possible through negotiation or mediation before presenting the case to the judge.

When trial becomes unavoidable, the firm draws on decades of litigation experience. Mr. Sris, a former prosecutor, and the firm’s Of Counsel attorneys—who include former law‑enforcement officers and courtroom practitioners—are well‑acquainted with the Fairfax County Circuit Court’s procedures and expectations. They present evidence, examine witnesses, and advocate for a result that reflects the client’s position under Virginia law. Throughout the process, clients receive straightforward advice about the likely range of outcomes, so they can make informed decisions at every stage.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997. As a former prosecutor, he gained wide‑ranging trial experience that now informs his contested‑divorce practice. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

The firm’s Of Counsel attorneys strengthen the family‑law team with extensive courtroom backgrounds—including service as a former state trooper and as a former assistant state’s attorney. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to contested divorce matters. Results may vary. Across all practice areas, the firm has recorded over 1,700 documented case outcomes in Fairfax County.

Frequently Asked Questions

What makes a divorce contested in Virginia?

A divorce becomes contested when the parties cannot agree on one or more material issues—such as property classification, spousal support, child custody, or the ground for divorce—and require a judge to resolve the dispute. In Fairfax County, contested cases proceed in the Circuit Court. The process may involve discovery, expert witnesses, and a final hearing. Even when fault grounds like adultery or cruelty are alleged, many couples settle some issues before trial, potentially narrowing the contested points.

How is property divided in a contested divorce in Fairfax County?

Virginia uses equitable distribution, meaning the court divides marital property fairly after considering 11 statutory factors, not necessarily 50/50. Marital property generally includes assets acquired during the marriage, while separate property—such as inheritances or pre‑marital assets—remains with the owning spouse. In a contested case, a forensic accountant or business valuator may be needed to trace assets or value a business, and the Fairfax County Circuit Court ultimately determines the division if the parties cannot agree.

Can a contested divorce be resolved without a trial?

Yes, many contested divorces settle before trial through negotiation, mediation, or a judicial settlement conference. Once the parties exchange financial information and understand the likely litigation costs, they often find ground for compromise. If a complete settlement is reached, the matter can proceed as an uncontested divorce on the no‑fault ground, avoiding a final evidentiary hearing. However, when settlement fails, the case goes to trial before the Fairfax County Circuit Court.

How does child custody work in a contested divorce in Fairfax County?

Custody decisions are based on the best interests of the child, weighing 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse (Va. Code § 20‑124.3). In a contested case, the court may appoint a guardian ad litem to represent the child’s interests. Custody and visitation matters can be heard in the Fairfax County Juvenile and Domestic Relations District Court when they arise outside a divorce action, but within a divorce they are decided by the Circuit Court.

What are the fault grounds for divorce in Virginia?

Virginia law recognizes adultery, cruelty, willful desertion for at least one year, and felony conviction resulting in imprisonment of more than one year as fault‑based grounds for divorce (Va. Code § 20‑91). Adultery, if proven, can bar spousal support for the guilty spouse and may influence property division. Fault‑based divorces do not require a separation period, but the party alleging the ground must present corroborated evidence. Such cases almost always generate contest because the financial consequences can be significant.

How long does a contested divorce take in Fairfax County?

The timeline varies depending on the complexity of the issues, the court’s calendar, and the parties’ willingness to settle. A straightforward contested divorce might conclude within several months of filing if issues are narrowed early, while a case involving business valuation, multiple properties, or custody battles can extend much longer. The Fairfax County Circuit Court schedules hearings based on its docket, and pendente lite relief—temporary support or custody orders—can be sought soon after filing to provide stability while the case moves forward.

Internal Links:

Virginia Legal Resources:

Last reviewed: July 2026

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Case results depend on a variety of factors unique to each case.