Felony Conviction Divorce Lawyer Manassas, VA
If your spouse has been convicted of a felony in Virginia and is serving a prison sentence of more than one year, you may qualify for a fault-based divorce. Law Offices Of SRIS, P.C. helps spouses in Manassas and throughout Prince William County file for divorce on the ground of felony conviction. Our firm represents the spouse who is seeking the divorce — not the incarcerated spouse — and can guide you through the legal requirements in the Manassas Circuit Court. Using a fault ground can affect property division, spousal support, and even the waiting period for a final decree. To discuss your situation, reach our location at (888) 437-7747.
Felony Conviction Divorce in Manassas, Virginia: What the Law Says
Virginia divorce law provides several fault grounds, including adultery, cruelty, desertion, and a spouse’s felony conviction accompanied by imprisonment for more than one year. This ground appears at Va. Code § 20‑91(3). Unlike no‑fault divorce, which requires a separation period of six months or one year depending on whether minor children are involved, a divorce based on felony conviction does not require any period of separation before filing. However, the spouse seeking the divorce must still satisfy the six‑month residency requirement and file the complaint in the Circuit Court.
Under Virginia law, a spouse’s conviction of a felony that results in confinement for more than one year constitutes a fault ground for divorce.
Source: Va. Code § 20‑91(3). Virginia Code
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
In Manassas, all divorce matters — including those based on a felony conviction — are heard by the Manassas Circuit Court, located at 9311 Lee Avenue, Suite 230. Custody, visitation, and child support issues that do not form part of a divorce action are handled by the Manassas Juvenile and Domestic Relations District Court. Our Fairfax location, just a short drive from Manassas, regularly appears in both courts. Because there is no mandatory separation period on a felony‑conviction ground, an uncontested case can move more quickly than a no‑fault divorce; contested issues over property or children, however, extend the timeline based on the court’s calendar and the complexity of the disputes.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault‑based divorce authorized by Va. Code § 20‑91(3). If one spouse is convicted of a felony and sentenced to confinement for more than one year, the other spouse may file for divorce immediately, without waiting through a statutory separation period. The conviction serves as the legal ground to end the marriage, and the court may consider the misconduct when deciding equitable distribution and spousal support. You do not need the convicted spouse’s consent to proceed.
Does a felony conviction automatically give me a divorce?
No. A conviction creates a legal ground for divorce, but the process still requires filing a complaint, meeting the residency requirement, and obtaining a final decree from a judge. The court must be satisfied that the conviction satisfies the statutory elements — a felony offense and a sentence of incarceration exceeding one year. An experienced attorney can help you present the necessary records from the criminal case and ensure the procedural requirements are met.
Do I need to prove the felony conviction in court?
Yes. You must prove that your spouse was convicted of a felony and that the sentence includes more than one year of confinement. Typically, the certified conviction order and sentencing documents from the criminal court are sufficient evidence. The Manassas Circuit Court may also accept other official records. An attorney can obtain and authenticate these documents and handle any evidentiary objections that may arise.
How does the divorce process work if my spouse is incarcerated?
The incarcerated spouse must be served with the divorce complaint and given an opportunity to respond, just as in any other case. Service may be accomplished through the jail or prison facility, or by another method approved by the court. If the incarcerated spouse does not contest the divorce, the case may proceed as uncontested. If contested, the court will schedule hearings; the incarcerated spouse may participate by telephone or video, or through appointed counsel. Our firm manages the service and scheduling logistics so the process remains as straightforward as possible for the spouse who is not incarcerated.
What are the benefits of filing for divorce on fault grounds in Virginia?
Filing on fault grounds can eliminate the statutory separation period, allowing the divorce to be finalized sooner than a no‑fault case. Additionally, fault can influence the court’s decision on spousal support and the division of marital property. Under Virginia’s equitable distribution statute (Va. Code § 20‑107.3), the circumstances that contributed to the dissolution of the marriage are one of the factors the court weighs. A felony conviction may therefore affect how assets and debts are divided.
How does a felony conviction affect child custody and support?
Child custody and visitation are determined by the best interests of the child under Va. Code § 20‑124.3. A parent’s incarceration is a factual circumstance the court considers, particularly regarding the ability to provide care and a stable home environment. The court may grant custody to the non‑incarcerated parent and limit or suspend visitation until release. Child support obligations continue during incarceration, but the court may modify the amount based on the incarcerated parent’s income or lack thereof. Our firm can help you seek custody modifications and support adjustments that reflect the new reality.
Can I get spousal support if my spouse is in prison?
Yes, spousal support may be awarded in a felony conviction divorce. The court evaluates the factors listed in Va. Code § 20‑107.1, including the duration of the marriage, the earning capacity of each spouse, and the fault that led to the divorce. If the incarcerated spouse has assets, retirement accounts, or other income sources, support may be paid from those funds. In some situations, a reservation of spousal support may be appropriate, preserving the right to seek support upon the incarcerated spouse’s release.
How long does a felony conviction divorce take in Manassas?
The timeline varies. Because no separation period is required, a case in which both spouses agree on all terms — property division, custody, and support — can move more quickly than a no‑fault divorce. However, if any issues are contested, the case follows the court’s schedule, which depends on the complexity of the disputes and the judge’s calendar. The Manassas Circuit Court sets hearings according to its docket; your attorney can give you an estimate after evaluating your specific facts.
Do I need a lawyer for a felony conviction divorce in Manassas?
While you are not legally required to hire a lawyer, representing yourself in a fault‑based divorce — especially when the spouse is incarcerated — can be challenging. You must draft and file the correct pleadings, properly serve the incarcerated spouse, present the conviction evidence in admissible form, and address all related issues such as property division, custody, and support. An experienced lawyer can handle these steps and protect your interests. Our firm regularly appears in Manassas family law matters and understands local court procedures.
What should I bring to a consultation with a divorce lawyer?
Bring any records relating to the marriage, including the date and place of marriage; information about children; financial statements, tax returns, and pay stubs; deeds or titles to real estate and vehicles; retirement account statements; and documentation of the spouse’s felony conviction, such as the court order or sentencing paperwork. Also be ready to discuss whether any protective orders are in place and whether you anticipate the divorce will be contested. This information helps your lawyer assess your situation efficiently.
What if my spouse is appealing the conviction?
A pending appeal generally does not prevent you from filing for divorce on the felony conviction ground. As long as the conviction was entered at the trial level, you may rely on it. However, if the conviction is later overturned, the grounds for divorce could be affected. An attorney can advise you on the risks and whether to proceed during the appeal or wait for the final outcome. In many cases, it is practical to go forward while the conviction stands.
How can Law Offices Of SRIS, P.C. help with a felony conviction divorce in Manassas?
Our firm represents spouses seeking divorce based on a felony conviction. We prepare the complaint, gather and authenticate the conviction records, serve the incarcerated spouse, and address all related matters — equitable distribution, spousal support, custody, and visitation. With our Fairfax location serving Manassas, we are familiar with the Manassas Circuit Court and the local procedures. We also bring significant family‑law experience, including Mr. Sris’s legislative testimony in support of 2019 HB 635, which revised the equitable distribution statute. To discuss your case, reach us at (888) 437‑7747.
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, he brings firsthand trial experience to family law matters, including fault‑based divorce cases. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that amended Virginia’s equitable distribution statute — a fact that underscores the firm’s depth of knowledge in divorce law. Alongside his Of Counsel team, he has documented thousands of case results statewide. The firm handles divorce, custody, support, and modification matters for clients throughout Prince William County and the greater Manassas area.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. The team works collaboratively to address each client’s particular needs. Whether your case is straightforward or involves complex property issues, the firm’s attorneys are prepared to guide you through every stage of the divorce process. Reach our location at (888) 437‑7747 to schedule a consultation.
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