Felony Conviction Divorce Lawyer Arlington County — Fault-Based Divorce Defense
A felony conviction is a fault ground for divorce in Virginia under Va. Code § 20-91, requiring the convicted spouse to be imprisoned for at least one year. Law Offices Of SRIS, P.C. provides strategic defense for spouses facing divorce after a felony conviction in Arlington County.
If your spouse is seeking a divorce based on your felony conviction, you need a felony conviction divorce lawyer Arlington County who understands the specific legal and procedural challenges. A felony conviction divorce is a fault-based proceeding that can significantly impact property division, spousal support, and parental rights. The Law Offices Of SRIS, P.C. defends clients in Arlington County Circuit Court against these actions, working to protect your interests and achieve a fair resolution.
Virginia Law on Divorce After a Felony Conviction
Last verified: April 2026 | Arlington County Circuit Court | Virginia General Assembly
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 confinement has actually occurred. This is distinct from no-fault separation grounds. The statute requires the conviction to be final and the sentence served. The filing spouse must prove the conviction and imprisonment occurred after the marriage. Our felony conviction divorce lawyer Arlington County team is deeply familiar with this statute and its application in Arlington County.
- Case Evaluation: Our felony conviction divorce lawyer Arlington County will review the conviction records, sentencing documents, and marriage certificate to assess the validity of the fault ground.
- Answer & Counterclaims: We file a formal Answer to the divorce complaint, potentially asserting defenses or counterclaims for a no-fault divorce based on separation.
- Discovery & Negotiation: We engage in discovery to understand the full marital estate and negotiate a property settlement agreement to resolve all issues, potentially avoiding a trial on fault.
- Trial Preparation: If settlement fails, we prepare for a contested hearing in Arlington County Circuit Court to challenge the necessity or impact of the fault finding.
- Post-Trial Motions: We handle all post-trial matters, including finalizing the divorce decree and addressing any appeals.
Potential Consequences in a Felony Conviction Divorce
In Arlington County, a divorce based on a felony conviction can affect equitable distribution, spousal support, and child custody determinations under Virginia law.
| Legal Issue | Potential Impact of Fault Finding | Governing Statute |
|---|---|---|
| Equitable Distribution | The court may consider marital misconduct, including a felony conviction, as one factor when dividing marital property, though it is not the primary factor. | Va. Code § 20-107.3 |
| Spousal Support | Fault, such as a felony conviction skilled to imprisonment, can be a bar to receiving support or a factor in reducing an award. | Va. Code § 20-107.1 |
| Child Custody & Visitation | The conviction and circumstances are evaluated under the child’s best interest standard, potentially affecting parenting time and decision-making authority. | Va. Code § 20-124.3 |
| Divorce Grounds | Establishes a fault ground, potentially allowing the innocent spouse to file without a waiting period. | Va. Code § 20-91 |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Divorce After Felony Case
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our firm unique insight into Virginia family law. We have a documented record of favorable outcomes for clients facing difficult family law situations.
Case Results & Local Insight
Our firm has a documented record of achieving favorable resolutions for clients in Arlington County. While every case is unique, our approach is grounded in thorough preparation and aggressive advocacy in Arlington County Circuit Court. We understand the local procedures and judicial expectations.
Our team includes former prosecutor Mr. Sris, whose experience on both sides of the courtroom is invaluable for building a strong defense strategy in a fault-based divorce.
Contact Our Arlington County Felony Conviction Divorce Lawyer
Law Offices Of SRIS, P.C.
Arlington Location — 1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: (703) 273-4104
By appointment only. 24/7 phone consultations.
Our Arlington location serves clients at the Arlington County Circuit Court (1425 N. Courthouse Rd). We represent individuals in Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. If you need a criminal conviction divorce lawyer Arlington County, call us for a confidential consultation.
FAQs: Divorce After a Felony Conviction in Arlington County
Can my spouse divorce me because of my felony conviction?
Yes. Under Va. Code § 20-91(4), a felony conviction with a sentence of more than one year imprisonment, which has been served, is a fault ground for divorce in Virginia. A divorce after felony lawyer Arlington County can help you respond to the petition.
How does a felony conviction affect property division?
It depends. Virginia is an equitable distribution state. The court may consider marital misconduct, including a felony conviction, as one of many factors under Va. Code § 20-107.3, but it is not the primary factor. The main focus is on the economic contributions and needs of each party.
Can I get spousal support if my divorce is due to my felony?
It depends. Va. Code § 20-107.1 allows the court to consider fault as a factor. A felony conviction that constitutes a ground for divorce may bar or reduce a spousal support award. A felony conviction divorce lawyer Arlington County can argue the specific circumstances of your case.
Will a felony conviction affect my child custody rights?
It depends. The court’s sole concern is the child’s best interest under Va. Code § 20-124.3. The nature of the felony, its relation to parenting ability, and the time since the conviction will all be examined. A criminal conviction divorce lawyer Arlington County can present evidence to support your parental fitness.
What if we were already separated when I was convicted?
It depends. If you have already met the statutory separation period (6 months or 1 year), your spouse could file for a no-fault divorce instead. An experienced attorney can often negotiate to proceed on no-fault grounds, which may lead to a more favorable settlement on other issues.
Related Pages: For other legal needs, see our Arlington County Criminal Defense Lawyer page or our state hub, Virginia Family Law Lawyer. For a similar issue in a nearby area, see Divorce Lawyer Alexandria City.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. for current legal guidance.
Arlington County cases are handled by our Virginia felony conviction divorce practice, where the whole process is set out.