Fairfax County Felony Conviction Divorce Lawyer — What Are Your Rights?
A felony conviction can be a fault ground for divorce in Virginia under Va. Code § 20-91, requiring a spouse to be sentenced to confinement for one year or more. In Fairfax County, this significantly impacts custody, support, and property division hearings. Law Offices Of SRIS, P.C. provides strategic counsel for handling divorce after a felony conviction.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
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 divorce can be granted if your spouse has been convicted of a felony and sentenced to confinement for one year or more, provided the cohabitation has not resumed after the conviction. This is distinct from no-fault grounds based on separation. In Fairfax County, proving this ground requires presenting certified court documents from the criminal case to the Circuit Court. A felony conviction divorce lawyer Fairfax County can ensure this evidence is properly submitted and can advise on how the conviction may influence related matters like equitable distribution of assets under Va. Code § 20-107.3 and child custody determinations under § 20-124.3.
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). Fairfax County family law cases are heard at the Fairfax County Circuit Court.
handling a Fairfax County Divorce with a Felony Record
A felony conviction introduces specific details into a Fairfax County divorce. The conviction itself can be grounds for divorce, but it also heavily influences custody and visitation decisions. Judges in the Fairfax County Circuit Court and Juvenile and Domestic Relations District Court must consider the best interests of the child, and a felony record, especially one involving violence or moral turpitude, is a significant factor under Va. Code § 20-124.3. also, the convicted spouse’s incarceration can affect their ability to earn income, impacting both spousal and child support calculations.
- Gather all certified documentation of the felony conviction and sentence.
- File a Complaint for Divorce citing felony conviction as the ground in Fairfax County Circuit Court.
- Serve the complaint on your spouse according to Virginia procedural rules.
- Prepare for hearings on related issues like custody, which may be heard in J&DR Court.
- Present evidence at trial or negotiate a settlement agreement addressing all divorce terms.
- Obtain the final divorce decree from the Circuit Court judge.
Potential Impacts of a Felony on Divorce Outcomes
In Fairfax County, a felony conviction can directly affect child custody, visitation schedules, and financial support obligations during a divorce.
| Legal Issue | Potential Impact of Felony Conviction |
|---|---|
| Child Custody & Visitation | Court heavily weighs felony, especially violent or drug-related crimes, against the convicted parent. Supervised visitation may be ordered. |
| Child Support | Support is based on actual income. Incarceration may impute income at a minimum wage level, but obligations remain. |
| Spousal Support | The conviction can be a factor under Va. Code § 20-107.1, potentially barring support to the convicted spouse or reducing the obligation of the innocent spouse. |
| Property Division | Conviction itself doesn’t alter equitable distribution, but funds spent on legal fines or costs may be considered marital waste. |
| Grounds for Divorce | Felony with 1+ year sentence is a standalone fault ground, avoiding mandatory separation periods. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Felony-Related Divorce
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 firm has a documented record of handling sensitive cases where criminal and family law intersect. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep legislative insight into family law. We understand that a divorce after a felony lawyer Fairfax County clients trust must handle both court systems with precision and strategic foresight.
Documented Case Experience
Our firm has 1789 total documented case results across all practice areas in Fairfax County, with a 97% favorable outcome rate. For instance, we have successfully represented clients in divorces where one party’s criminal history was a central issue, working to isolate the divorce proceedings from the criminal case to achieve fair resolutions on property and custody. Results may vary. Prior results do not aim for a similar outcome. Our team, including Mr. Sris, leverages this extensive background to advocate effectively in Fairfax County courts.
Law Offices Of SRIS, P.C. – Fairfax County
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax location serves clients at the Fairfax County courts. We represent individuals in Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. Contact us for a felony conviction divorce lawyer near Fairfax County.
Frequently Asked Questions: Divorce After a Felony Conviction
Can a felony conviction be the only reason for divorce in Virginia?
Yes. Under Va. Code § 20-91, a felony conviction where the spouse is sentenced to confinement for one year or more is a specific fault ground for divorce. You do not need to meet the separation requirements of a no-fault divorce if you prove this ground.
How does a felony affect child custody in Virginia?
It depends heavily on the nature of the felony and the time since conviction. Virginia law requires courts to consider the best interests of the child under Va. Code § 20-124.3. A felony, particularly involving violence, child abuse, or drugs, is a significant factor that can lead to limited or supervised visitation, or even loss of custody.
Will I get spousal support if my spouse is in prison for a felony?
It depends on multiple factors under Va. Code § 20-107.1. The felony conviction and incarceration are considered. The court may impute income to the incarcerated spouse or may find that the misconduct skilled to incarceration bars them from receiving support. Each case’s financial circumstances are reviewed.
Do I need a different lawyer for my divorce and my criminal case?
It is highly advisable. A criminal defense attorney focuses on your constitutional rights and defense against the state’s charges. A felony conviction divorce lawyer Fairfax County specializes in family law procedure and advocacy in Circuit Court to protect your parental and financial interests. The two roles are distinct.
What evidence do I need for a felony-based divorce?
You will need certified copies of the felony conviction order and the sentencing order showing confinement of one year or more. Your criminal conviction divorce lawyer Fairfax County can help obtain these documents from the criminal court and properly introduce them as evidence in your divorce case.
Related Legal Help in Fairfax County
If you are facing other legal challenges, our firm provides full representation. You may need a Fairfax County criminal defense lawyer or a Fairfax County DUI attorney. For all Virginia family law matters, visit our Virginia family law hub page. We also assist clients in neighboring areas like Falls Church City.
Page last verified and updated: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding divorce after a felony conviction.
The same rules apply outside Fairfax County, and our page on felony conviction divorce cases across Virginia walks through each stage.