Felony Conviction Divorce Lawyer Near Me
In Virginia, when a spouse is sentenced to confinement for more than one year after a felony conviction, the other spouse may seek a divorce on that specific fault ground. This route—often called felony conviction divorce—does not require the one-year separation period needed for many no-fault filings; it can begin promptly after the conviction and sentencing. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel handle divorce matters arising from felony incarceration across Virginia, including in Arlington, Fairfax, Richmond, and throughout the Commonwealth. Whether you are in Northern Virginia or another region, our firm is prepared to explain how this ground works and what it may mean for your property rights, support, and future. For a confidential consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in Virginia
Virginia law lists several grounds for divorce. Among the fault grounds, Va. Code § 20-91 specifies that a divorce may be granted when a spouse has been convicted of a felony, sentenced to confinement for more than one year, and is actually confined following that sentence. Unlike no-fault separation grounds, this ground does not require a waiting period of six months or one year; the case can proceed once the conviction and confinement occur. The divorce action must still be filed in the Circuit Court of the locality where you or your spouse resides, as that court has jurisdiction over divorce matters.
This ground operates separately from other fault grounds such as adultery or cruelty. The key legal fact is the conviction—specifically a felony-level offense—and a sentence that includes confinement exceeding one year. The statute does not require that the confinement has been fully served; it is sufficient that the spouse was sentenced to more than a year and is confined. If your spouse has been released on parole, probation, or the sentence has been otherwise modified, the availability of this ground may shift, and you should discuss the specific timing with counsel.
Because the divorce is filed on a fault ground, it may affect the court’s approach to spousal support and equitable distribution of marital property. Virginia judges consider the factors listed in Va. Code § 20-107.3 when dividing assets and in determining alimony, and the circumstances surrounding a felony conviction can be relevant to those factors. Mr. Sris and his Of Counsel can walk you through how the conviction might influence property division, retirement accounts, and the family home.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
Mr. Sris and his Of Counsel begin by confirming the legal requirements: a valid felony conviction, a sentence of confinement exceeding one year, and current confinement. If those elements are satisfied, we prepare and file a Complaint for divorce in the appropriate Circuit Court. Service on an incarcerated spouse must comply with Virginia procedural rules; this can involve personal service inside a correctional facility, service through a guardian ad litem if needed, or alternative methods approved by the court.
The process also addresses custody, visitation, child support, and the division of marital property. Even when one parent is incarcerated, the court retains jurisdiction over custody and will decide what arrangement serves the best interests of the child. The custodial parent may seek sole legal and physical custody, while the incarcerated parent’s visitation rights may be limited depending on practical and safety concerns. Child support can be calculated under Virginia’s guidelines, although an incarcerated parent’s ability to pay current support may be limited; arrearages can still accrue.
Equitable distribution in felony conviction divorce cases follows the same statutory scheme as other divorces. The court identifies marital and separate property, values the marital estate, and divides it equitably. If the incarcerated spouse cannot participate meaningfully, the court may rely on the testimony and evidence presented by the filing spouse. Mr. Sris and his Of Counsel work to present a clear record so the court can make informed decisions about assets such as the marital home, bank accounts, vehicles, and retirement plans.
Many felony conviction divorces move through the court with limited opposition from the incarcerated spouse. Nevertheless, the filing party must still prove the grounds for divorce and provide evidence on the division of property and support. A corroborating witness may be required to support the testimony. Our firm guides clients through each step, from initial filing to final decree.
About Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. A former prosecutor, he now concentrates his practice in complex family law, criminal defense, and immigration matters. His background in accounting and information systems gives him a detailed approach to property division and financial issues that often arise when a spouse’s incarceration affects the family finances. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris is supported by a team of Of Counsel attorneys, each with extensive experience. Together, 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 firm’s collective approach means that a felony conviction divorce case benefits from multiple perspectives, ensuring thorough preparation whether issues involve incarcerated-spouse service, asset tracing, or child custody. For your matter, reach our Fairfax location at 4008 Williamsburg Court, Fairfax, VA 22032 by appointment only, or our Arlington location at 1655 Fort Myer Dr, Suite 700, Arlington, VA 22209 by appointment only. Calls are welcomed at (888) 437-7747.
Frequently Asked Questions
What is felony conviction divorce in Virginia?
Felony conviction divorce is one of the fault-based grounds for divorce in Virginia. Under Va. Code § 20-91(3), if one spouse has been convicted of a felony, sentenced to confinement for more than one year, and is confined, the other spouse may file for divorce without waiting for a separation period. The conviction must be for a felony, not a misdemeanor, and the sentence must exceed one year of confinement. If those conditions are met, the divorce can move forward promptly.
Do I need to wait until my spouse is released from prison to file?
No. The statute permits filing while the spouse is still incarcerated. In fact, the ground is available precisely because the spouse is confined under a sentence of more than one year. You do not need to delay the filing until release. The sooner you consult with a family law lawyer, the sooner you can begin the legal process and address issues such as custody, support, and property division.
How does my spouse’s incarceration affect child custody?
The court will determine custody based on the best interests of the child, using the statutory factors in Va. Code § 20-124.3. Incarceration is a significant factor because it limits the incarcerated parent’s ability to provide daily care. The custodial parent may petition for sole legal and physical custody. The court may order supervised visitation or restrict contact depending on the nature of the offense and the length of the sentence. Each case is evaluated on its specific facts.
Can I get an immediate divorce if my spouse was convicted of a felony?
While the felony conviction ground removes the separation waiting period, the divorce itself still takes time to process. After filing the Complaint and serving the incarcerated spouse, the court must schedule a hearing or deposition. The timeline varies by court calendar and case complexity. In many instances, an uncontested felony conviction divorce can be finalized within a few months, but contested matters may take longer. Reach our firm at (888) 437-7747 to discuss timing for your specific situation.
How is property divided when one spouse is imprisoned?
Virginia is an equitable distribution state. The court will classify assets as marital or separate and then divide the marital property equitably, not necessarily equally. The incarceration itself does not automatically create an uneven split, but the statutory factors—including the circumstances that contributed to the dissolution of the marriage—may be relevant. The court can also consider the economic impact of the conviction on the family. Our legal team can explain how the factors may apply to your property and finances.
Do I need a lawyer for a felony conviction divorce?
Virginia law does not require you have a lawyer to file for divorce, but having experienced legal guidance is often beneficial. The process involves drafting a Complaint, properly serving an incarcerated spouse, proving the grounds, and presenting evidence on custody, support, and property division. Mistakes can cause delays or unfair outcomes. Mr. Sris and his Of Counsel have handled family law matters since 1997 and are available to review your case at (888) 437-7747.
Results may vary.
Explore related topics:
Virginia Family Law Lawyer •
Virginia Divorce Lawyer •
Contested Divorce Lawyer Virginia •
Virginia Child Custody Lawyer
Primary sources:
Virginia Code Title 20 (Domestic Relations) •
Virginia Circuit Courts
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.