Felony Conviction Divorce Lawyer in Fairfax, Virginia
A felony conviction is a fault ground for divorce in Virginia under Va. Code § 20-91(A)(3), requiring one year of imprisonment. This adds complexity to your marriage dissolution. Law Offices Of SRIS, P.C. provides experienced divorce representation for these sensitive cases. Our felony conviction divorce lawyer Fairfax VA can guide you through the filing and protect your rights in Fairfax City Circuit Court.
Last verified: April 2026 | Fairfax City General District Court | Virginia General Assembly
Virginia Law on Divorce for Felony Conviction
A felony conviction is a statutory fault ground for divorce in Virginia. The law, found in Va. Code § 20-91(A)(3), states that a divorce can be granted when either party has been convicted of a felony, sentenced to confinement for more than one year, and has been confined after such conviction. This is distinct from no-fault separation grounds. The felony conviction divorce lawyer Fairfax VA at our firm understands the specific evidence required to prove this ground, including certified copies of the conviction and sentencing orders.
- Consult with a felony conviction divorce lawyer Fairfax VA to review your case and the conviction details.
- Gather all necessary legal documents, including the final felony judgment and sentencing order.
- Your attorney will file a Complaint for Divorce in Fairfax City Circuit Court, citing the felony conviction ground.
- The complaint and summons must be properly served on your spouse according to Virginia rules.
- If uncontested, the case may proceed to a final hearing. If contested, litigation on the ground and related issues like property division will follow.
Key Considerations in a Felony Conviction Divorce
In Fairfax, using a felony conviction as a divorce ground can impact case strategy, timelines, and related matters like spousal support and custody.
Choosing this fault ground affects more than just the divorce filing. Under Va. Code § 20-107.1, a court may consider marital misconduct, including a felony, when deciding spousal support. This could influence the amount and duration of an award. For child custody under Va. Code § 20-124.3, the court must consider any history of family abuse or sexual abuse, which may be present in certain felony convictions. A skilled divorce attorney will analyze how asserting this ground aligns with your overall goals for support, custody, and asset division.
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience in Complex Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to complex family law matters. Mr. Sris, our managing attorney, personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3. This deep legislative insight informs our approach to all divorce cases, including those involving fault grounds like felony convictions. We provide focused divorce representation case-specific to the unique pressures of these situations.
Our team approach ensures full support. Mr. Sris, a former prosecutor with a background in accounting and information systems, is available for consultation on complex cases, particularly those involving intricate financial matters or multi-jurisdictional issues.
Local Legal Support for Fairfax Residents
Law Offices Of SRIS, P.C.
Fairfax Location — 4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients at the Fairfax City courts. We are accessible via Route 236 (Main Street), Route 50, and I-66. Our felony conviction divorce lawyer Fairfax VA is available for 24/7 phone consultations at (888) 437-7747. Meetings are held by appointment only. We serve the Fairfax community and surrounding areas.
FAQs: Divorce for Felony Conviction in Virginia
Is a felony conviction grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91(A)(3), a felony conviction with a sentence of more than one year of confinement is a fault ground for divorce.
How long must the sentence be to file for divorce?
The sentence must be for more than one year. The law requires the convicted spouse to have been confined after the conviction, though the full sentence does not need to have been served.
Does a felony conviction affect child custody?
It depends. The court must consider the child’s best interests under Va. Code § 20-124.3. A felony conviction, especially for crimes involving violence, abuse, or moral turpitude, is a factor the judge will weigh heavily in custody decisions.
Can I get spousal support if my spouse has a felony conviction?
It depends. Virginia law allows a court to consider marital misconduct, including a felony, when deciding spousal support under Va. Code § 20-107.1. This could work in your favor, but the court also considers many other financial factors.
What proof do I need for a felony conviction divorce?
You need certified copies of the final conviction order and the sentencing order from the criminal court. These documents must clearly show the felony conviction and the sentence of more than one year.
For more information on court procedures, visit the Virginia Courts website.
Related Pages: Virginia Family Law Lawyer | Fairfax County Divorce Lawyer | Fairfax Criminal Defense Lawyer
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Fairfax cases follow the same route as the rest of the state, and our page on felony conviction divorce lawyer in Virginia explains each stage.