Felony Conviction Divorce Lawyer Fairfax County, VA
You just learned that your spouse has been convicted of a felony and sentenced to prison for more than a year. Your mind is racing, not only about how this will affect your family’s future but whether you have grounds to end the marriage without a long separation. In Virginia, a felony conviction carrying a sentence of confinement for over one year is one of the fault-based grounds for divorce — and it can change how property is divided and what support is ordered. Law Offices Of SRIS, P.C. Guides clients through the process in the Fairfax County Circuit Court. Reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Felony Conviction Divorce Means in Virginia
Under Va. Code § 20-91, a spouse’s conviction and sentencing to imprisonment for more than one year is a recognized fault ground for divorce. This means you do not have to wait through a six‑month or one‑year separation period — you can file once your spouse has been convicted and is serving the sentence. The divorce is filed in the Circuit Court, which has exclusive jurisdiction over divorce in Virginia. In Fairfax County, that court is the Fairfax County Circuit Court, located at 4110 Chain Bridge Road, Fairfax, VA 22030.
Using this ground can affect several outcomes. Because the divorce is fault‑based, the court may consider the spouse’s incarceration when deciding spousal support and how marital property is divided. Mr. Sris and the firm’s Of Counsel attorneys evaluate the specific impact on your case, including child custody, visitation, and the practical realities of litigating with an incarcerated spouse.
Strategy Options When a Spouse Is Incarcerated in Virginia
The first step is determining whether to file on the fault ground or, if you have already met the separation requirement, to file on no‑fault grounds. Filing on the felony‑conviction ground can be faster, but it requires proper service of the divorce complaint on your spouse, even if incarcerated. For an inmate in a Virginia prison, service can often be arranged through the correctional facility. If your spouse is incarcerated out of state, alternative service methods may apply. Mr. Sris and the firm’s Of Counsel attorneys handle service logistics so you do not have to navigate prison mail systems alone.
If your spouse is willing to sign a property settlement agreement, the divorce may proceed uncontested and resolve more quickly. If they contest the case, the matter moves to trial in the Fairfax County Circuit Court. Because the spouse’s felony conviction is a fault ground, it can influence equitable distribution. The court will classify and divide marital property under Va. Code § 20-107.3, considering factors that may weigh differently when one spouse is incarcerated for a serious crime.
What To Expect During the Process
After filing, the timeline is set by the court’s calendar and the complexity of your finances. Cases with business interests, retirement accounts, or real property may involve financial professionals, but the core steps remain the same: pleadings, service, discovery, and a hearing or trial. Mr. Sris and the firm’s Of Counsel attorneys appear in the Fairfax County Circuit Court and coordinate with the J&DR Court when custody or support issues intersect with the divorce proceeding.
Because the respondent is incarcerated, court appearances often require a transport order or participation by video. The firm handles the necessary filings and requests so that your case moves forward without unnecessary delay. Throughout the process, you are kept informed of hearing dates and what to expect from each court appearance.
How a Felony Conviction Affects Property, Support, and Custody
Even though the felony conviction itself is a ground for divorce, the court still must resolve the same elements as any other divorce: property division, spousal support, child custody, and child support. Virginia is an equitable‑distribution state, meaning marital property is divided fairly, not necessarily equally. The fact that one spouse’s criminal conduct contributed to the breakdown of the marriage can be considered under the equitable‑distribution factors, potentially resulting in a larger share of assets to the non‑incarcerated spouse.
Spousal support may also be affected. A court can consider fault when deciding the amount and duration of support. Child custody and visitation are determined by the trusted‑interests standard under Va. Code § 20-124.3; while incarceration does not automatically terminate parental rights, the court will consider the incarcerated parent’s ability to maintain a relationship with the child and any potential risk to the child’s safety.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C., a former prosecutor with experience in criminal trial work. He has practiced since 1997 and 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).
The firm’s Of Counsel attorneys bring extensive combined legal experience to family law matters. Together, Mr. Sris and the firm’s Of Counsel attorneys handle cases in the Fairfax County courts, focusing on each client’s specific circumstances. Results may vary.
Frequently Asked Questions
Can I get a divorce if my spouse is convicted of a felony in Virginia?
Yes. Virginia law allows you to file for divorce on the ground that your spouse has been convicted of a felony and sentenced to imprisonment for more than one year. This fault‑based ground requires no waiting period after the conviction. You may file as soon as the conviction and sentence are final. The divorce is heard in the Circuit Court, and the felony‑conviction ground can influence property division and support. For advice on your specific case, call Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I have to wait a year after a felony conviction to file for divorce in Fairfax County?
No. When you use the felony‑conviction ground under Va. Code § 20-91, no separation period is required. You may file immediately after your spouse has been convicted and sentenced to prison for more than one year. This is different from a no‑fault divorce, which requires either six months or one year of separation. Reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747 to discuss your options.
How does a spouse’s incarceration affect property division in a Virginia divorce?
Because the divorce is based on fault, the court may consider the spouse’s criminal conduct when dividing marital assets under the equitable‑distribution factors set out in Va. Code § 20-107.3. This can result in a larger share of the marital estate being awarded to you. The court will also look at the length of the marriage, each spouse’s contributions, and other statutory factors. For a detailed assessment, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What if my incarcerated spouse refuses to sign the divorce papers?
If your spouse will not consent, the divorce proceeds as a contested case in the Fairfax County Circuit Court. You still have the felony‑conviction ground as a basis. The court can grant the divorce even without the spouse’s agreement, after you present evidence of the conviction and sentence. Mr. Sris and the firm’s Of Counsel attorneys handle contested proceedings, including arranging for the incarcerated spouse’s participation in the trial.
Can an incarcerated parent still get custody or visitation in Virginia?
Custody and visitation are decided under the trusted‑interests‑of‑the‑child standard, not automatically denied because of incarceration. The court weighs factors such as the parent‑child relationship, the nature of the offense, and the child’s safety. Often, visitation may be limited or require supervision. The firm works with you to present the circumstances that best protect your child’s well‑being. To discuss your custody concerns, call (888) 437-7747.
How do I serve divorce papers on an incarcerated spouse in Fairfax County?
Service can typically be completed through the correctional facility where your spouse is housed, or if out of state, through that state’s service rules. In Virginia, a sheriff or process server may deliver the complaint to the inmate. Law Offices Of SRIS, P.C. handles service coordination so that the legal requirements are met without delay. Contact us to learn more about starting your case.
Speak With a Felony Conviction Divorce Lawyer in Fairfax County
If your spouse is serving a felony sentence, you do not have to wait years to move forward. Mr. Sris and the firm’s Of Counsel attorneys practice at the Fairfax County Circuit Court. Call (888) 437-7747 or complete our online form to request a consultation. Consultations are by appointment.
Fairfax Location
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
By appointment only. Call (888) 437-7747.
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