Felony Conviction Divorce Lawyer Prince William County, VA
In Virginia, a spouse’s felony conviction can serve as a fault ground for divorce — a ground that requires no period of separation before filing. When a marriage ends because one party is convicted of a felony and sentenced to confinement for more than one year, the statute permits the other spouse to seek an immediate absolute divorce from the bond of matrimony. Law Offices Of SRIS, P.C. assists clients in Prince William County who face this situation, helping them navigate the legal process under Va. Code § 20-91. Mr. Sris and his Of Counsel team bring experience in family law and an understanding of how incarceration intersects with divorce, child custody, and property division. Reach our firm at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Felony Conviction Divorce Means in Prince William County, Virginia
Under Virginia law, a divorce may be granted on the ground that one spouse has been convicted of a felony, sentenced to confinement for more than one year, and served some portion of that sentence. This ground — found in Va. Code § 20-91 — is one of several fault‑based grounds available in the Commonwealth. Unlike a no‑fault divorce based on separation, a felony conviction divorce does not require the parties to live apart for a defined period before filing. The divorce action is filed in the Circuit Court for the county where either party resides; for Prince William County residents, that court is the Prince William County Circuit Court, located at 9311 Lee Avenue, Suite 230, Manassas, VA 20110.
Practically, a felony conviction divorce often raises issues beyond the dissolution of the marriage. The incarcerated spouse may have limited ability to participate in court proceedings, which can affect service of process and the presentation of evidence. Custody determinations under Va. Code § 20-124.3 focus on the best interests of the child, and a parent’s incarceration is one factor the court may weigh. Equitable distribution of marital property — governed by — must be addressed, and the court’s division may reflect a spouse’s criminal conduct if it impacted the marriage. Mr. Sris and his Of Counsel are familiar with the procedural landscape of the Prince William County Circuit Court and can explain how these factors apply in a specific case.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When a client approaches Law Offices Of SRIS, P.C. about a divorce based on a spouse’s felony conviction, the initial step is to confirm that the statutory ground is satisfied: the spouse was convicted of a felony, sentenced to confinement exceeding one year, and that a portion of the sentence has been served. The firm prepares and files the Complaint in the Prince William County Circuit Court, addressing the ground for divorce, the identification and classification of marital and separate property, and any requests for spousal support or attorney fees. If there are minor children, the Complaint includes a custody and child support plan or a reservation of those issues for later determination.
Because the incarcerated spouse may be unable to appear personally, service of the Complaint and related motions requires careful attention. Mr. Sris and his Of Counsel coordinate service through the appropriate means, which in Virginia may include the sheriff’s department, a private process server, or, when necessary, substituted service. Pendente lite relief — temporary orders for custody, support, or use of the family residence — can be sought under Va. Code § 20-103 to stabilize the family situation while the divorce proceeds. The timeline of the case depends on the court’s calendar, the complexity of the property division, and whether the matters are contested. Mr. Sris and his Of Counsel work to advance the case efficiently while protecting the client’s rights.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is a former prosecutor. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His experience includes handling divorces involving criminal‑law intersections such as a spouse’s felony conviction. Working alongside Mr. Sris is a team of Of Counsel attorneys, each of whom brings substantial litigation experience. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is one of the fault grounds for absolute divorce under Va. Code § 20-91. It allows a spouse to file for divorce when the other spouse has been convicted of a felony, sentenced to confinement for more than one year, and actually served a portion of that sentence. No waiting period or separation is required, making it a faster route to ending the marriage, though the divorce process in Prince William County Circuit Court still follows standard civil procedure steps.
Do I need a lawyer for a felony conviction divorce in Prince William County?
You are not required to hire a lawyer, but having legal counsel is advisable. A divorce involving an incarcerated spouse presents unique procedural hurdles — service of process, the incarcerated spouse’s participation in the case, and the interplay of criminal and family law. An experienced family law attorney can guide the filing in Prince William County Circuit Court, protect your financial interests in property division, and advocate for an appropriate custody arrangement under Va. Code § 20-124.3. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does a spouse’s felony conviction affect property division in a Virginia divorce?
Virginia is an equitable distribution state, meaning the court divides marital property fairly — not necessarily equally — based on the factors listed in . One factor the court may consider is the circumstances that contributed to the dissolution of the marriage, which can include a spouse’s felony conviction. Equitable distribution is fact‑specific, and the law does not mandate a fixed outcome. Mr. Sris and his Of Counsel can explain how the property you hold may be classified and divided.
Can I file for divorce based on my spouse’s felony conviction while they are still incarcerated?
Yes. The felony conviction ground under Va. Code § 20-91 is available while the spouse remains confined, provided the conviction and sentence requirements are met. The Complaint may be filed in Prince William County Circuit Court. Service on the incarcerated spouse must be carried out in a manner that satisfies Virginia procedural rules. Mr. Sris and his Of Counsel have experience coordinating service under those circumstances and can address any difficulties that arise.
How long does a felony conviction divorce take in Prince William County?
The duration varies. If the divorce is uncontested and all required documents are properly filed, a final decree may be entered relatively quickly. Contested issues — particularly custody, support, or equitable distribution — can extend the timeline. The court’s docket and the complexity of the financial matters also affect the schedule. Mr. Sris and his Of Counsel work to present a clear case so the proceeding moves forward without unnecessary delay.
What happens to child custody when one parent is convicted of a felony?
Custody and visitation are decided based on the best interests of the child under Va. Code § 20-124.3. The court looks at ten statutory factors, including each parent’s ability to meet the child’s needs and any history of abuse or criminal activity that could affect the child’s safety. A parent’s incarceration does not automatically terminate parental rights, but it is a significant factor. The court may craft a visitation schedule that is appropriate under the circumstances. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
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