Felony Conviction Divorce Lawyer Virginia, VA
If your spouse has been sentenced to confinement of more than one year for a felony, Virginia law may allow you to file for divorce without waiting out the separation period required for no-fault divorce. Law Offices Of SRIS, P.C. represents individuals across the Commonwealth who seek to end their marriage under the fault-based ground of felony conviction. This ground, established by Virginia Code § 20-91, recognizes the profound impact a spouse’s long‑term incarceration can have on a family, and it provides a path toward resolution when waiting the usual six‑ or twelve‑month separation period is neither practical nor in the best interests of the household. Mr. Sris and his Of Counsel team bring over 120 years of combined legal experience to family‑law matters, including divorce cases involving incarcerated spouses, and they work to achieve a fair, efficient outcome for the petitioning spouse. Results may vary. To discuss your situation and the next steps, reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Under Va. Code § 20‑91, a spouse may file for divorce if the other spouse has been sentenced to confinement of more than one year for a felony.
Source: Va. Code § 20‑91 (divorce grounds). Virginia Code Title 20, Chapter 6, § 20‑91
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Felony Conviction Divorce Means in Virginia
Virginia is both a no‑fault and fault‑based divorce state. While many couples pursue divorce after six months’ or one year’s separation, certain statutory faults permit a divorce without those waiting periods. One of those faults is the felony conviction of a spouse that results in confinement for more than one year. The statute does not require the incarceration to be ongoing at the time of filing; the qualifying event is the imposition of a sentence exceeding twelve months’ confinement. This ground can be especially important when the incarcerated spouse’s extended absence makes it desirable to formalize the end of the marriage, establish child custody and support, divide marital property, and move forward with financial and personal stability.
The divorce case is filed in the Circuit Court for the jurisdiction where either spouse resides, provided the residency requirement of Virginia Code § 20‑97 has been met – at least one party must be a bona fide resident and domiciliary of the Commonwealth for six months prior to filing. Service of the divorce complaint on an incarcerated spouse follows the same procedural rules as any other civil action, though practical considerations such as sending documents to a correctional facility require careful attention. If the incarcerated spouse does not respond, the petitioner may seek a default judgment. However, if the spouse answers and raises defenses, the case proceeds as a contested divorce, and the court will address equitable distribution, spousal support, child‑related matters, and any other issues raised by the parties. Because the ground itself is fault‑based, a divorce on this basis does not require proof of separation, though it does require evidence of the conviction and sentence.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
Mr. Sris and his Of Counsel begin by gathering the documents that substantiate the felony conviction and the term of confinement – typically certified court records and sentencing orders. They then prepare the complaint for divorce, citing Va. Code § 20‑91 as the ground and including any requests for equitable distribution, spousal support, custody, or child support that the petitioner wishes to pursue. Service on an incarcerated spouse can be arranged through the correctional facility, and the firm’s experience with Virginia’s procedural rules helps keep the process moving efficiently. If no response is filed, the firm guides the petitioner through the steps to obtain a decree of divorce by default. When the incarcerated spouse contests any part of the case, Mr. Sris and his Of Counsel handle the litigation, presenting the necessary evidence of the conviction and addressing any disputes over property division or support that arise.
Virginia’s equitable distribution statute, Va. Code § 20‑107.3, governs how marital assets and debts are divided in a divorce. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised subsection (g) of that statute to address the treatment of retirement and pension assets. This firsthand familiarity with the equitable‑distribution framework allows the firm to provide informed guidance on how a spouse’s felony conviction and incarceration may affect the overall distribution of the marital estate. Throughout the case, Mr. Sris and his Of Counsel work to keep clients informed, address concerns about what will happen to the marital home, bank accounts, and other property, and advocate for a fair outcome under the statutory factors the court must consider.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing since 1997 and is a former prosecutor. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris concentrates his family‑law practice on divorce, equitable distribution, spousal support, and child‑related matters, drawing on decades of courtroom experience to represent clients in fault‑based and no‑fault divorce actions. The firm’s Of Counsel team includes attorneys with backgrounds in prosecution, law enforcement, child welfare, and business litigation, all engaged through Excella. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary.
Law Offices Of SRIS, P.C. has documented 4,739+ case results across all practice areas since 1997. This extensive track record reflects the firm’s commitment to thorough preparation and clear communication in every matter. Mr. Sris and his Of Counsel serve clients from the firm’s Fairfax location at 4008 Williamsburg Court, Fairfax, VA 22032, and by appointment at other Virginia locations. Meetings are by appointment only; request a consultation by calling (888) 437-7747.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a divorce granted when one spouse has been sentenced to confinement of more than one year for a felony, as allowed under Va. Code § 20‑91. This fault‑based ground eliminates the need to prove a period of separation. The petitioning spouse must present evidence of the conviction and the sentence. Once the court finds that the statutory requirements are met, it may grant the divorce and proceed to resolve related issues such as property division, spousal support, and child custody. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction.
Do I need to prove the conviction was final?
Yes, the spouse filing for divorce must show that the other spouse has been convicted of a felony and sentenced to more than one year of confinement. This usually requires certified copies of the criminal court’s judgment and sentencing order. If the conviction is under appeal, the filing spouse may still proceed, but the court may stay certain aspects of the divorce case pending the outcome of the appeal. An experienced attorney can help obtain the necessary records and navigate any procedural challenges.
Can I file for divorce while my spouse is still incarcerated?
Yes, incarceration does not prevent the filing of a divorce complaint. Service of process can be effected on the incarcerated spouse through the correctional facility. If the spouse does not respond, the petitioner may move for a default judgment. If the spouse contests the divorce, the case proceeds as a contested matter. The court will handle all issues, including property division and support, regardless of the spouse’s incarceration status.
How long does a felony conviction divorce take in Virginia?
The timeline varies depending on whether the divorce is contested and the court’s calendar. In an uncontested proceeding where the incarcerated spouse does not answer, the divorce can often be finalized relatively quickly after service and compliance with procedural requirements. If the case is contested, it may take longer, particularly when substantial marital assets are involved. Mr. Sris and his Of Counsel can provide a more tailored estimate after reviewing the specific facts of your case.
Will the felony conviction affect property division?
The court may consider the circumstances surrounding the dissolution of the marriage, including the felony conviction, when dividing marital property. Virginia’s equitable distribution statute, Va. Code § 20‑107.3, requires the court to weigh multiple factors, such as the contributions of each spouse and the causes of the marriage’s breakdown. A felony conviction that contributed to the end of the marriage can be one of those factors, and an attorney can explain how it might influence the division of assets in your individual situation.
Do I need a lawyer for a felony conviction divorce?
While you are not legally required to have an attorney, the procedural and evidentiary requirements of a fault‑based divorce make legal guidance advisable. An experienced divorce lawyer can help ensure the complaint is properly drafted, that service on an incarcerated spouse complies with Virginia rules, and that your interests in property division, support, and custody are protected. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Virginia law resources: Va. Code § 20‑91 (divorce grounds), Virginia Circuit Courts, Virginia Code Title 20 (Domestic Relations)
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.