Fauquier County Divorce Court Address Information
| Step | Details |
|---|---|
| Visit Location | Fauquier County Circuit Court, 29 Ashby Street, Warrenton, VA 20186 |
| Contact Information | Phone: (540) 422-8100 |
| Operating Hours | 8:00 AM to 4:00 PM, Monday through Friday |
| Judges | Judges may vary; check ahead for your case specifics |
| Security Checkpoints | Be prepared for security checkpoints at the entrance |
| Parking | Parking may be limited; arrive early |
| Navigation | Going through to the correct courtroom may take time |
| Recommendation | Early arrival ensures a smooth process |
Eligibility and Fauquier County Residency Requirements
In Fauquier County, Virginia, to file for divorce, you must meet residency requirements by living in the state for at least six months and select a suitable divorce ground. The no-fault option, where the marriage is “irretrievably broken,” is favored as it avoids proving misconduct and streamlines the process.
The Waiting Period and Residency Rules
In Fauquier County, Virginia, after meeting all requirements, there’s no waiting period for divorce finalization. At least one spouse must be a Virginia resident for six months before filing, ensuring court jurisdiction. For uncontested divorces, couples must live apart for one year, or six months if child-free and with a separation agreement. The separation period starts when filing or service occurs, setting the timeline for the proceedings.
How to File for Divorce in Fauquier County: Step-by-Step
Filing for divorce in Fauquier County, Virginia, requires going through legal procedures, including meeting residency and separation periods to establish grounds for divorce. As you move to the formal filing, you’ll interact with either a court clerk or an online system to officially start the process.
Step 1: Preparing Fauquier County Divorce Forms
To start a divorce in Fauquier County, Virginia, prepare the necessary forms like the “Complaint for Divorce,” the “VS-4 Form” for statistics, and the “Domestic Case Coversheet” for essential information. If you have children, include a “Parenting Plan” to address custody and visitation. Customize these documents to fit your situation while adhering to Virginia’s legal standards.
What Are My Options for Filing for Divorce?
1. Online Divorce Service (Best Option – DivorceCanBeSimple.com)
The simplest and cheapest way is through an online divorce service like DivorceCanBeSimple.com. Their step-by-step system fills out your required forms based on a few simple questions to help you avoid mistakes. Once finished, just download and file your papers with the court to get started immediately. This is the ideal path for couples who agree on all terms and want to minimize their legal costs.
2. Divorce With a Lawyer
If you and your spouse cannot agree on the terms of your divorce, hiring a lawyer is the safest way to ensure a fair outcome. If you have a complicated financial situation, such as a shared business or multiple properties, a lawyer’s expertise can prevent costly mistakes. A lawyer can explain your rights, handle complex situations like when you disagree about property, child custody, or support, and represent you in court. To find one, try browsing websites like Avvo.com or FindLaw.com, where you can read reviews and compare local attorneys.
3. Filing Independently (Pro Se)
You have the right to file for divorce without an attorney. While this minimizes legal fees, it requires a high level of attention to detail and a commitment to researching “no-fault” laws of the state you reside in. If you choose this path, be sure to verify your paperwork with the Alamosa Clerk of Court before your final hearing to ensure your decree is not delayed.
Step 2: Filing Fees and Fauquier Clerk’s Office Procedures
In 2026, the divorce filing fee in Fauquier County, Virginia, is expected to be around $95. To confirm the latest fee, contact the Clerk’s Office. They accept cash, checks, and money orders – double-check if credit or debit cards are also accepted. If you can’t afford the fee, you can apply for a waiver with a “Petition for Proceeding in Civil Case Without Payment of Fees or Costs,” providing detailed financial information.
Step 3: Service of Process and Proof of Service
In Fauquier, Virginia, divorce papers must be officially served to the respondent by an impartial third party, like a sheriff’s deputy or professional process server, who is at least 18 years old. After delivering the documents, the server completes a Proof of Personal Service form to confirm receipt, which then needs to be filed with the court.
Requirements for Parents
In Fauquier County, Virginia, divorcing parents with minor children must complete a state-approved parenting education course to understand divorce’s impact on children and support amicable co-parenting. The course must meet Virginia’s legal standards and be specific to Fauquier County to address local protocols. Parents usually need to complete it before finalizing the divorce and submit a completion certificate to the court.
Finalizing Your Case in Fauquier County Court
In Fauquier County, Virginia, to finalize an uncontested divorce, complete and file all necessary documents, like the Final Decree of Divorce, with the court. Both parties must agree on terms like property division and child custody. Once paperwork is ready, schedule a final hearing with the clerk’s office. Attendance at this brief hearing may be required, although some cases don’t need both spouses present.
Official Court Resources
The Divorce-Courts Team is a dedicated group of researchers providing up-to-date courthouse locations and step-by-step guides to help individuals navigate the divorce process with clarity and confidence. We transform intimidating legal procedures into accessible, actionable information for every county across the country.