Felony Conviction Divorce Lawyer Fairfax — Protecting Your Rights After a Criminal Conviction
A felony conviction can be grounds for divorce in Virginia under Va. Code § 20-91. If you are facing divorce after a felony conviction in Fairfax County, you need a felony conviction divorce lawyer Fairfax from Law Offices Of SRIS, P.C. Our firm has 1789 documented case results in Fairfax County.
Virginia Law on Divorce After a Felony Conviction
Virginia law provides specific fault grounds for divorce, including a felony conviction. Under Va. Code § 20-91, a spouse may file for divorce if the other spouse has been convicted of a felony and sentenced to confinement for more than one year, provided the parties have not resumed cohabitation after the conviction. This is a distinct legal path separate from a no-fault separation. The felony must be proven by a certified copy of the final order of conviction. A felony conviction divorce lawyer Fairfax can handle this complex process, ensuring the statutory requirements are met and defending against such a claim if you are the convicted spouse.
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s divorce statutes, refer to the Virginia Code Title 20, Chapter 6 (official Virginia General Assembly). All divorce filings for Fairfax County are handled by the Fairfax County Circuit Court.
The Fairfax County Divorce Process with a Felony Ground
Filing for divorce on the grounds of a felony conviction in Fairfax County involves specific procedural steps distinct from a no-fault case. The filing spouse must prove the conviction occurred and that cohabitation did not resume afterward. The court will consider the conviction’s impact on child custody, visitation, and spousal support under the relevant statutory factors. A criminal conviction divorce lawyer Fairfax is essential to manage the interplay between the criminal case and the family law proceedings.
- Consult with a felony conviction divorce lawyer Fairfax to review the certified conviction order and case strategy.
- File a Complaint for Divorce citing felony conviction under Va. Code § 20-91 with the Fairfax County Circuit Court.
- Serve the complaint and a copy of the conviction order on the other spouse.
- Proceed through discovery, which may involve the criminal case record.
- Address related issues of equitable distribution, support, and custody in hearings or settlement.
- Attend a final hearing to present evidence of the conviction and obtain the divorce decree.
Potential Consequences in a Divorce
In Fairfax County, a divorce based on a felony conviction can significantly impact child custody, visitation schedules, and spousal support awards, as the court weighs the conviction under the “best interests of the child” and support factors.
| Issue | Potential Impact of a Felony Conviction | Governing Statute |
|---|---|---|
| Child Custody & Visitation | The court must consider the conviction as a factor under the child’s best interests (Va. Code § 20-124.3). This may affect parenting time or lead to supervised visitation. | Va. Code § 20-124.3 |
| Spousal Support | The conviction can be considered marital misconduct, potentially barring or reducing an award to the convicted spouse (Va. Code § 20-107.1). | Va. Code § 20-107.1 |
| Equitable Distribution | While property division is primarily based on equity, misconduct like a felony that dissipates marital assets can be considered. | Va. Code § 20-107.3 |
| Grounds for Divorce | Provides a fault ground, eliminating the waiting period required for a no-fault separation divorce. | Va. Code § 20-91 |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our deep understanding of both the criminal justice system and family court is critical when a divorce involves a felony conviction. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating our firm’s commitment to and influence within Virginia family law.
Documented Case Results
Law Offices Of SRIS, P.C. has 1789 total documented case results in Fairfax County across all practice areas, with a 97% favorable outcome rate. Our team, including Of Counsel attorney Mr. Sris who brings his former prosecutor background and deep knowledge of Virginia statutory law, is prepared to handle the unique challenges of a divorce after a felony.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Fairfax Family Law Office
Law Offices Of SRIS, P.C.
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 County courts. We provide 24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
FAQs: Divorce After a Felony Conviction in Fairfax
Is a felony conviction automatic grounds for divorce in Virginia?
No. The convicted spouse must be sentenced to confinement for more than one year, and the parties must not have resumed cohabitation after the conviction, as per Va. Code § 20-91. The filing spouse must provide a certified copy of the conviction order to the court.
How does a felony conviction affect child custody in Virginia?
It depends. The court must consider the conviction as one of the “best interests of the child” factors under Va. Code § 20-124.3. The nature, timing, and relevance of the felony to parenting are scrutinized. It can lead to restricted or supervised visitation but is not an automatic bar to custody.
Can I get spousal support if my spouse filed for divorce because of my felony?
It depends. Virginia law (Va. Code § 20-107.1) allows the court to consider marital misconduct, including a felony conviction, as a factor in awarding spal support. Such misconduct can bar or significantly reduce an award to the at-fault spouse.
Do I need a different lawyer for my divorce and my criminal case?
Yes. You should have separate legal representation for your criminal defense and your divorce. A felony conviction divorce lawyer Fairfax focuses on the family law implications, while a criminal defense attorney handles the criminal case. The two attorneys may need to coordinate.
What if my felony conviction is being appealed?
An appeal may complicate a divorce based on that conviction. The family court might delay proceedings pending the appeal’s outcome. Consulting with a criminal conviction divorce lawyer Fairfax is crucial to develop a strategy that addresses both the appeal and the divorce timeline.
Related Legal Information
If you are facing divorce after a felony, you may also need information on criminal defense in Fairfax. For other family law matters, see our Virginia family law hub. We also assist clients in neighboring areas like Falls Church.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
If you want to see how a Fairfax case fits into the wider process, our page on felony conviction divorce lawyer Virginia covers it from start to finish.