Fauquier County Felony Conviction Divorce Lawyer — What Are Your Rights?
A felony conviction is a fault ground for divorce in Virginia under Va. Code § 20-91(A)(iv), requiring a one-year separation period after the spouse’s imprisonment. This adds significant complexity to property division, child custody, and support matters in Fauquier County. Law Offices Of SRIS, P.C. provides strategic representation for individuals handling divorce after a felony conviction.
Last verified: April 2026 | Fauquier County Circuit Court | Virginia General Assembly
Virginia Law on Divorce After a Felony Conviction
Virginia law explicitly lists a felony conviction as a fault-based ground for divorce. According to Va. Code § 20-91(A)(iv), a spouse may file for divorce if the other spouse has been “convicted of a felony, sentenced to confinement for more than one year, and confined for such felony subsequent to such conviction.” The statute requires that the parties have lived separate and apart without cohabitation for one year from the date of confinement. This is distinct from no-fault grounds, which require a six-month or one-year separation without a triggering event. A felony conviction divorce lawyer in Fauquier County must handle both the fault determination and its impact on related issues like equitable distribution under Va. Code § 20-107.3, which Mr. Sris personally helped amend.
Official Legal Resources
For the full text of Virginia’s divorce statutes, refer to the Virginia Code Title 20, Chapter 6 (official Virginia General Assembly website). For Fauquier County court procedures and forms, visit the Fauquier County Circuit Court website.
handling a Felony Conviction Divorce in Fauquier County
In Fauquier County, a felony conviction can drastically alter the dynamics of a divorce case. The spouse filing on this ground must provide certified documentation of the conviction and confinement. Prosecutors in the Twentieth Judicial District are familiar with these filings. The fault finding can influence the court’s discretion on spousal support under Va. Code § 20-107.1 and, in rare cases, the equitable distribution of marital assets.
- Gather certified copies of the felony conviction order and sentencing documents from the criminal court.
- File a Complaint for Divorce in Fauquier County Circuit Court, citing Va. Code § 20-91(A)(iv) as the ground.
- Serve the complaint on your incarcerated spouse through the correctional facility’s authorized process.
- Proceed with discovery on all financial and child-related issues, as the felony ground does not automatically resolve property or custody.
- Attend any pendente lite hearings for temporary support or custody orders if needed.
- Prepare for a final hearing where you must prove the ground and argue for a fair resolution of all ancillary matters.
Potential Implications in a Divorce
In Fauquier County, a divorce based on a felony conviction is a fault divorce that can affect spousal support and, in limited circumstances, the division of marital property.
| Legal Issue | Potential Impact of Felony Conviction |
|---|---|
| Grounds for Divorce | Establishes fault under Va. Code § 20-91(A)(iv) after one year of separation from confinement. |
| Spousal Support | The court may consider the felony and confinement as a factor affecting need and ability to pay under Va. Code § 20-107.1. |
| Equitable Distribution | Fault generally does not affect property division, but egregious conduct related to the marriage may be considered under specific circumstances. |
| Child Custody | The conviction is a “best interest of the child” factor under Va. Code § 20-124.3, potentially limiting the incarcerated parent’s access. |
| Child Support | The incarcerated parent’s income may be imputed based on earning capacity, not actual $0 income. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Complex Family Law Matters
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law cases. Our firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. Mr. Sris’s unique background includes personally amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep, practical insight into how these laws are applied in Fauquier County and across Virginia. We understand that a divorce involving a felony conviction requires careful handling of both the legal fault ground and the sensitive financial and custodial issues that follow.
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 Family Law
Our firm has a documented history of achieving favorable outcomes in complex family law cases. In Fauquier County, we have 73 total documented case results across all practice areas with a 97% favorable outcome rate. While every case is unique, our team, including secondary attorney Mr. Sris—a former prosecutor who amended Virginia’s equitable distribution law—leverages extensive courtroom experience to advocate for our clients’ interests in divorce, support, and custody matters.
Results may vary. Prior results do not guarantee a similar outcome.
Fauquier County Felony Conviction Divorce Lawyer Near You
Our Fairfax location serves clients at the Fauquier County courts (6 Court Street, Warrenton). We are accessible via I-66, Route 29, and Route 17. We serve the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
FAQs: Divorce After a Felony Conviction in Fauquier County
Is a felony conviction grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91(A)(iv), a felony conviction with a sentence of more than one year of confinement is a specific fault ground for divorce. The spouses must live separate and apart for one year from the date the convicted spouse is confined.
How does a felony conviction affect child custody in Virginia?
It depends. The conviction is one of ten factors the court must consider under Va. Code § 20-124.3 when determining the child’s best interests. The nature of the felony, its relation to parenting ability, and the sentence length will all be examined by the Fauquier County J&DR Court, which could limit the incarcerated parent’s custody or visitation.
Can I get spousal support if my spouse is in prison for a felony?
It depends. The court can impute income to an incarcerated spouse based on their earning capacity prior to imprisonment when calculating support under Va. Code § 20-107.1. The felony conviction itself may also be considered as a factor affecting the support award, but an inability to pay due to incarceration is a significant practical hurdle.
Do I need a criminal conviction divorce lawyer for a felony-based divorce?
Yes. A lawyer experienced with this specific fault ground is crucial. They can properly file the certified conviction records, handle service of process on an incarcerated individual, and handle the complex interplay between the fault ground and related financial and custody issues in Fauquier County Circuit Court.
How long does a felony conviction divorce take in Fauquier County?
The one-year separation period from the date of confinement must pass before you can file. After filing, an uncontested case may take 2-4 months. A contested divorce involving property or custody disputes can take 9-18 months or longer in Fauquier County Circuit Court.
Related Legal Information
If you are facing divorce in Fauquier County, you may also need information on Virginia divorce law. For legal help in nearby areas, see our pages for a divorce lawyer in Fairfax County and a divorce lawyer in Prince William County. For other legal needs in Fauquier County, consider our criminal defense lawyer or DUI lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.