Felony Conviction Divorce Lawyer Virginia, VA
Law Offices Of SRIS, P.C. represents spouses in Virginia seeking a divorce on the fault ground of felony conviction. If your spouse has been convicted of a felony in any jurisdiction and sentenced to confinement for more than one year, you may be entitled to an immediate absolute divorce — no separation period required. Our firm concentrates on family law matters across Virginia, and Mr. Sris and his Of Counsel work with individuals to navigate the legal steps necessary to obtain a divorce decree based on this statutory ground. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Under Virginia Code § 20-91(3), a divorce may be granted if one spouse has been convicted of a felony and sentenced to confinement for more than one year, with no separation period required.
Source: Va. Code § 20-91(3). Va. Code § 20-91
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
To file for divorce in Virginia, at least one party must be an actual bona fide resident and domiciliary of Virginia for at least six months preceding the filing (Va. Code § 20-97).
Source: Va. Code § 20-97. Va. Code § 20-97
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Felony Conviction Divorce Means in Virginia
Virginia law allows a spouse to file for a fault-based divorce when the other spouse has been convicted of a felony and sentenced to confinement for more than one year. This ground, set out in Va. Code § 20-91(3), does not require the parties to live separate and apart for any period. The innocent spouse may proceed immediately upon the conviction and sentencing. The divorce action is filed in the Circuit Court of the city or county where either party resides, because Circuit Courts have exclusive original jurisdiction over divorce in Virginia.
The felony conviction ground focuses on the fact of the conviction and the length of the sentence, not on the nature of the underlying offense. A felony conviction in any state or federal court qualifies, provided the sentence exceeds one year. If the convicted spouse is incarcerated, the case proceeds with service of process handled through the appropriate corrections facility. Mr. Sris and his Of Counsel have experience managing the procedural requirements involved when one party is in custody.
Beyond the divorce itself, a felony conviction can influence related family law matters. The court may consider the conviction when determining equitable distribution of marital property under Va. Code § 20-107.3, and it may bear on spousal support considerations under Va. Code § 20-107.1. The divorce decree dissolves the marriage and allows the innocent spouse to move forward. Our firm helps clients understand how the felony conviction ground intersects with property division, support, and, if applicable, child custody arrangements.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When a client contacts our firm seeking a divorce on the felony conviction ground, Mr. Sris and his Of Counsel begin by reviewing the conviction and sentence documentation. We verify that the felony conviction meets the statutory requirements and that the client satisfies Virginia’s six-month residency requirement. We then prepare and file a Complaint for Divorce in the appropriate Circuit Court, citing the felony conviction as the fault ground and requesting the relief the client seeks.
Service of process on an incarcerated spouse is handled according to court rules, and we guide clients through any unique procedural steps. If the incarcerated spouse does not respond, the case can proceed as an uncontested matter, often resolving on a more streamlined timeline. If issues concerning property, support, or custody are contested, Mr. Sris and his Of Counsel advocate for the client’s position through negotiation or, when necessary, litigation. Throughout the matter, we keep clients informed of developments and work to achieve a favorable resolution. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris brings trial experience to family law matters, including divorce actions based on fault grounds. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised Virginia’s equitable distribution statute.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results in family law cases. Results may vary. The Of Counsel attorneys engaged through Excella work collaboratively with Mr. Sris on research, drafting, and court appearances, ensuring each client’s matter receives thorough attention. Our Fairfax location at 4008 Williamsburg Court, Fairfax, VA 22032 is available for consultations by appointment. Reach us at (888) 437-7747 to schedule.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based divorce granted under Virginia law when one spouse has been convicted of a felony and sentenced to confinement for more than one year. The innocent spouse does not need to wait for a separation period. This ground is set out in Va. Code § 20-91(3) and can be used immediately after the conviction and sentencing. The divorce dissolves the marriage, and the court may also address property division, spousal support, and child custody. Our firm helps clients assess whether this ground applies to their situation and guides them through the court process.
What if my spouse was convicted in another state?
A felony conviction from any jurisdiction — another state, federal court, or even a foreign country — can serve as a ground for divorce in Virginia if the sentence exceeds one year of confinement. The conviction must be a felony under the law of the jurisdiction where it occurred, and the sentence must meet the length requirement. Mr. Sris and his Of Counsel work with clients to obtain certified records of the conviction and present them to the Virginia Circuit Court to satisfy the statutory elements.
How does the felony conviction affect property division?
The felony conviction itself does not automatically determine property division, but Virginia courts may consider it as a factor when dividing marital assets equitably. Under Va. Code § 20-107.3, the court examines multiple factors, including the circumstances that contributed to the dissolution of the marriage. A spouse’s criminal conduct and incarceration can be relevant to the court’s equitable distribution analysis. An experienced attorney can explain how the conviction may influence the outcome in your specific case.
Do I need a lawyer to file for a felony conviction divorce?
While you are not legally required to hire a lawyer, having counsel familiar with Virginia’s divorce statutes and court procedures can help protect your rights. A felony conviction divorce involves specific legal requirements, including proper pleading of the fault ground, service of process on an incarcerated spouse, and presentation of conviction records. Mr. Sris and his Of Counsel handle these procedural details and advocate for the client’s interests in property, support, and custody matters. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How long does the process take?
The timeline for a felony conviction divorce varies depending on whether the case is contested and the court’s schedule. If the incarcerated spouse does not contest the divorce and all issues are resolved by agreement, the matter can move forward without a lengthy trial. Contested issues over property, support, or custody extend the timeline. Mr. Sris and his Of Counsel work to keep the matter progressing and to resolve disputes efficiently.
Can a felony conviction divorce affect child custody?
Yes, a parent’s felony conviction and incarceration can be a significant factor in custody and visitation decisions, though it does not automatically result in loss of parental rights. Virginia courts decide custody based on the best interests of the child under Va. Code § 20-124.2. The conviction, length of sentence, and the nature of the offense are all relevant considerations. Our firm assists clients in presenting evidence about the convicted spouse’s situation and advocating for custody arrangements that serve the child’s needs.
Related resources: Fairfax County family law lawyer · Prince William County family law lawyer · Manassas family law lawyer · Fairfax City family law lawyer
Official legal resources: Virginia Code Title 20 (Domestic Relations) · Virginia Circuit Courts
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