Felony Conviction Divorce Lawyer Prince William County, VA
If your spouse has been sentenced to more than one year of confinement for a felony, Virginia law provides a fault-based ground for divorce under Va. Code § 20-91(3). This ground allows the non-incarcerated spouse to seek a divorce in the Prince William County Circuit Court without the waiting periods required for no-fault divorce. The conviction must be final and the sentence must include confinement exceeding one year. Law Offices Of SRIS, P.C. handles family law matters in Prince William County, including divorces based on a spouse’s felony conviction. Our experienced attorneys can help you prepare the complaint, serve the incarcerated spouse, and address property division, child custody, and support issues. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How Felony Conviction Serves as a Ground for Divorce in Virginia
Under Virginia Code § 20-91(3), a spouse may obtain a divorce when the other spouse has been convicted of a felony and sentenced to confinement for more than one year, and the convicted spouse is actually confined or has been sentenced to confinement. This is a fault ground, meaning the spouse seeking the divorce does not need to establish adultery or cruelty. The key is the final conviction and the sentence. Unlike no-fault divorce, which requires a six-month or one-year separation period, a felony-conviction divorce can be filed once the sentence is imposed and the conviction is final. The non-incarcerated spouse must still meet Virginia’s residency requirement—at least six months of domicile in the Commonwealth prior to filing.
In Prince William County, the divorce complaint is filed in the Prince William County Circuit Court. The complaint must include a certified copy of the sentencing order or other official court documents showing the conviction and the sentence. Service of process on an incarcerated spouse can be accomplished through the sheriff or a private process server. Because the spouse may be located in a state or federal correctional facility, service procedures must follow the applicable rules. Law Offices Of SRIS, P.C. helps clients gather the necessary conviction records and handle service requirements, so the divorce can move forward efficiently.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce in Virginia is a fault-based divorce ground available when a spouse is sentenced to confinement for more than one year for a felony under Va. Code § 20-91(3). The non-incarcerated spouse may file for divorce once the conviction is final and the sentence has been imposed. This ground does not require a separation period, and the petitioner does not need to prove additional marital fault beyond the conviction and sentence. The divorce may proceed even while the convicted spouse remains incarcerated, and the court can address all related issues including property division, spousal support, and child custody.
How do I file for a divorce based on my spouse’s felony conviction in Prince William County?
To file for divorce based on a spouse’s felony conviction in Prince William County, you must file a Complaint for Divorce in the Prince William County Circuit Court and include certified court records of the conviction and sentence that show confinement exceeding one year. Service of process must be completed on the incarcerated spouse, either through the sheriff or a private process server. The petitioner must also satisfy Virginia’s six-month residency requirement. Law Offices Of SRIS, P.C. can help you prepare the complaint, obtain the necessary conviction documents, and ensure proper service so the case can proceed.
Does a felony conviction affect how marital property is divided?
A felony conviction can influence equitable distribution because Virginia courts consider the economic impact of the crime on the marital estate and the parties’ contributions to the family’s well-being. Under Va. Code § 20-107.3, the court may weigh any dissipation of marital assets, financial losses caused by the conviction, or other circumstances that affect the equitable division of property. The fault ground itself does not automatically shift the division, but the facts surrounding the felony can be relevant to the statutory factors.
Can I receive spousal support if my spouse is incarcerated for a felony?
Yes, a spouse may request spousal support even if the other spouse is incarcerated, but the amount and duration depend on the convicted spouse’s ability to pay and the requesting spouse’s need. Under Va. Code § 20-107.1, the court considers multiple factors, including the paying spouse’s income and resources. Incarceration often reduces income significantly, but support may still be ordered, especially if the convicted spouse has assets, retirement funds, or other financial resources. An attorney can help you present a support claim that accounts for the practicalities of the situation.
What about child custody when my spouse is sentenced to prison?
When a parent is incarcerated for a felony, the trusted-interests-of-the-child factors under Va. Code § 20-124.3 strongly favor granting sole physical custody to the non-incarcerated parent, with supervised or very limited visitation for the incarcerated parent. The court evaluates the parent-child relationship, the nature of the offense, and the length of the sentence. Incarceration typically makes regular visitation impractical, and if the felony involved violence or abuse, the court may impose significant restrictions on the incarcerated parent’s contact.
Do I need to wait until my spouse is sentenced before filing for divorce?
You must wait until the conviction and sentence are final before filing a divorce on the ground of felony conviction, because Va. Code § 20-91(3) requires both the conviction and a sentence of confinement exceeding one year. If the conviction is on appeal, the divorce court may stay the family law proceeding pending the appeal’s outcome, or you may file and ask the court to proceed subject to later adjustment. Consulting an attorney is advisable to determine the trusted timing under your specific circumstances.
Can my incarcerated spouse contest the divorce?
Yes, an incarcerated spouse has the right to contest the divorce, just as any defendant does, by filing responsive pleadings and participating in hearings, though practical limitations may apply. The court may allow telephonic participation or other accommodations. The incarcerated spouse may challenge the validity of the conviction used as a ground, dispute property division, or seek visitation rights. However, a valid final conviction and sentence meeting the one‑year threshold is generally difficult to overcome.
What if my spouse was convicted of a felony in another state or in federal court?
An out-of-state or federal felony conviction satisfies the Virginia felony‑conviction divorce ground if the sentence includes confinement for more than one year, and you present properly authenticated court records to the Prince William County Circuit Court. The same Virginia residency requirement applies. You will need certified copies of the judgment and sentencing order from the foreign jurisdiction. An experienced family law attorney can help you obtain and authenticate those documents.
How long does a felony-conviction divorce take in Prince William County?
The timeline for a felony‑conviction divorce varies; an uncontested case may be finalized within a few months after filing, while contested matters involving property, custody, or support can extend the process. The court’s docket, the need to serve an incarcerated spouse, and any objections filed by the spouse all influence the duration. Working with an attorney familiar with Prince William County procedures can help move the case forward efficiently.
Do I need a lawyer to file for divorce based on my spouse’s felony conviction?
You are not required to hire a lawyer to file a divorce based on a spouse’s felony conviction, but legal representation can help you navigate procedural requirements, properly serve an incarcerated spouse, and protect your financial and parental rights. An attorney can also advise you on whether additional fault grounds or a no-fault divorce might be more appropriate, and can handle the collection and authentication of conviction records. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He 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 contribute additional experience in family law and civil litigation. Together, Mr. Sris and the firm’s Of Counsel attorneys provide extensive combined legal experience to individuals pursuing divorce in Prince William County. Results may vary. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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