Felony Conviction Divorce Lawyer Near Me
When a spouse is convicted of a felony and sentenced to confinement for more than one year, Virginia law provides the other spouse with a fault-based ground for divorce. If you are considering ending your marriage because your spouse is incarcerated for a serious crime, Law Offices Of SRIS, P.C. can help. Mr. Sris, a former prosecutor, founded the firm in 1997 and brings a thorough understanding of how criminal proceedings intersect with family law. He and the firm’s Of Counsel attorneys represent clients across Virginia, including those seeking a divorce based on a spouse’s felony conviction. For a consultation, reach our Fairfax location at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in Virginia
Virginia Code §20-91 sets out the exclusive grounds for divorce from the bond of matrimony. One of those fault grounds is the other spouse’s conviction of a felony and sentence to confinement for more than one year. This ground does not require a lengthy separation period—unlike a no‑fault divorce, which generally demands that the couple live separate and apart for one year, or six months if there are no minor children and the parties have signed a separation agreement. A felony‑conviction divorce can proceed more directly because the fault is established by the criminal judgment.
Circuit courts in Virginia have exclusive jurisdiction over divorce actions. Whether you need to file in Fairfax County Circuit Court or another circuit court, an experienced family law attorney can guide you through the process. Our firm represents clients in all Virginia jurisdictions, including the Fairfax, Richmond, and Shenandoah Valley regions. Because the felony‑conviction ground is document‑based—requiring a certified copy of the conviction and sentencing order—the case often turns on procedural details rather than a dispute over fault.
How Mr. Sris and the Firm’s Of Counsel Attorneys Approach Felony Conviction Divorces
Mr. Sris, a former prosecutor, understands how criminal cases are built and how convictions are recorded. This insight helps the firm efficiently assemble the evidence needed to prove the felony‑conviction ground. The Of Counsel attorneys who work with Mr. Sris bring additional trial and litigation experience to the table, so the firm can address any collateral issues that commonly arise—such as equitable distribution of marital assets, spousal support, and child custody.
Every divorce in Virginia resolves the division of property under equitable distribution (Va. Code §20‑107.3). Marital property is classified, valued, and divided in a way the court considers fair, not necessarily equally. The court will also decide spousal support based on the factors in §20‑107.1. And if minor children are involved, custody and visitation are determined under the “best interests of the child” standard set out in §20‑124.3. Because a felony conviction can affect a parent’s ability to exercise custody, the firm works to protect the non‑incarcerated parent’s rights while ensuring the court has all relevant information.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background as a former prosecutor gives him a unique perspective on how criminal convictions intersect with family law. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that led to the 2019 revision of Virginia’s equitable distribution statute. The firm’s Of Counsel attorneys are experienced litigators who collaborate with Mr. Sris on complex family matters. Together they bring extensive combined legal experience to every case. Results may vary.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based divorce granted when one spouse has been convicted of a felony and sentenced to confinement for more than one year. Under Va. Code §20‑91(3), the innocent spouse may file for divorce without waiting for a separation period. The court requires a certified copy of the conviction and sentencing order as proof. This ground can simplify the divorce process because fault is already established by the criminal judgment.
Can I file for divorce while my spouse is still in prison?
Yes, you can file for divorce while your spouse is incarcerated in Virginia. The petition is filed in the circuit court where you or your spouse resides. The complaint must allege the felony conviction and confinement of more than one year, and you must serve a copy of the complaint on your spouse through the facility. If your spouse does not respond, you may seek a default judgment. An attorney can handle the service and motion practice so you are not required to participate in contested hearings.
Do I need a lawyer for a felony conviction divorce?
While you are not required to hire a lawyer, a felony conviction divorce often raises financial, property, and custody issues that benefit from legal guidance. Equitable distribution and spousal support involve statutory factors that may be interpreted differently based on the facts. If you and your spouse own real estate, retirement accounts, or business interests, an attorney can help you negotiate a settlement or prepare for trial. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
How does a felony conviction affect child custody in Virginia?
A parent’s felony conviction and incarceration are factors the court considers when determining the best interests of the child. Virginia Code §20‑124.3 lists ten factors, including the mental and physical condition of each parent and any history of family abuse. Incarceration for a violent felony or a crime that indicates unfitness may lead the court to award sole custody to the non‑incarcerated parent or restrict visitation. The outcome depends on the specific circumstances of the conviction and the child’s needs.
What if my spouse’s conviction is on appeal?
You may still file for divorce based on the conviction even if an appeal is pending. The conviction is considered final for civil purposes once the sentence is imposed, unless a stay is granted. The circuit court may proceed with the divorce while the appeal is unresolved, although it may delay some property or support determinations if the conviction itself could be overturned. An attorney can advise on how the pending appeal may influence timing and strategy.
Will I receive spousal support after a felony conviction divorce?
Spousal support may be awarded if the court finds it warranted under the factors in Va. Code §20‑107.1. The court considers the duration of the marriage, the standard of living, the earning capacities of both parties, and each spouse’s contributions to the family. If the incarcerated spouse has no ability to pay during confinement, the court may reserve the right to award support later or structure a property settlement that provides for the non‑incarcerated spouse. Each case is fact‑specific.
For more about Virginia family law, see our pages on Virginia Divorce, Contested Divorce in Virginia, and Adultery Divorce Lawyer Virginia.
Virginia Code §20‑91 (Grounds for Divorce) | Virginia’s Judicial System
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.