Felony Conviction Divorce Lawyer in Falls Church, Virginia
A felony conviction can be a fault ground for divorce in Virginia under Va. Code § 20-91, requiring one year of imprisonment. A felony conviction divorce lawyer in Falls Church is essential to handle the complex legal and custody implications. Law Offices Of SRIS, P.C. has 24 documented case results in Falls Church.
Virginia Law on Divorce After a Felony Conviction
Virginia law provides specific 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 begun. This is considered a fault-based ground, which can impact decisions on spousal support, equitable distribution, and child custody. The Falls Church Circuit Court handles all divorce filings, including those based on felony convictions.
Last verified: April 2026 | Falls Church General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s divorce statutes, refer to the official Virginia Code Title 20, Chapter 6. For court-specific forms and procedures, visit the Falls Church General District Court website.
handling a Divorce After a Felony Conviction in Falls Church
In Falls Church, a felony conviction introduces significant complexity to divorce proceedings. Prosecutors and judges may view the conviction as relevant to parenting ability and financial stability. Our firm’s experience in Falls Church Circuit Court shows that early, strategic legal planning is critical. A criminal conviction divorce lawyer Falls Church can help mitigate the impact on custody and asset division.
- Consult with a felony conviction divorce lawyer in Falls Church immediately to understand your rights and options.
- Gather all relevant legal documents, including the felony conviction judgment and sentencing order.
- File the Complaint for Divorce citing felony conviction as the ground at the Falls Church Circuit Court clerk’s office.
- Prepare for potential custody evaluations or hearings if children are involved, as the conviction will be a central factor.
- Address the division of marital assets and debts, considering any financial repercussions of the conviction.
- Attend all court hearings and comply with court orders to demonstrate responsibility.
Potential Implications in a Falls Church Divorce
In Falls Church, a felony conviction can significantly affect spousal support, child custody, and the division of assets in a divorce proceeding.
| Legal Issue | Potential Impact of Felony Conviction |
|---|---|
| Child Custody (Va. Code § 20-124.3) | The court must consider the felony as part of the child’s “best interests,” potentially limiting custody or visitation rights. |
| Spousal Support (Va. Code § 20-107.1) | The convicted spouse’s ability to pay may be impaired, and the misconduct (felony) is a factor the court can consider. |
| Equitable Distribution (Va. Code § 20-107.3) | The court may consider the economic consequences of the felony on the marital estate when dividing property. |
| Grounds for Divorce | Provides a fault-based ground, eliminating the need for a separation period. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Divorce After a Felony
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our founder, Mr. Sris, is a former prosecutor who personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our firm unique insight into Virginia family law. We understand that a felony conviction divorce lawyer Falls Church must address both the legal and practical challenges our clients face.
Documented Case Results
Our firm has a documented record of achieving favorable outcomes in complex cases. In Falls Church, we have 24 total documented case results across all practice areas with a 100% favorable outcome rate. Mr. Sris, our managing attorney with a background as a former prosecutor, provides strategic oversight on all felony conviction divorce matters.
Results may vary. Prior results do not aim for a similar outcome.
Falls Church Felony Conviction Divorce Lawyer Near Me
Our Fairfax location serves clients at the Falls Church courts (300 Park Avenue). We are accessible via Route 7, Route 29, I-66, and I-495, near the West Falls Church Metro. We serve clients throughout Falls Church and surrounding communities.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
FAQs: Divorce After a Felony in Falls Church
Is a felony conviction grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91, a felony conviction with a sentence of more than one year of confinement, where confinement has begun, is a fault ground for divorce. This eliminates Virginia’s standard separation waiting period.
How does a felony conviction affect child custody in Virginia?
It depends. The court must consider the conviction under the “best interests of the child” factors in Va. Code § 20-124.3. The nature, timing, and relevance of the felony to parenting are critically examined, often requiring a strong legal defense of parental fitness.
Can I get spousal support if my spouse has a felony conviction?
It depends. Virginia law (Va. Code § 20-107.1) allows the court to consider marital misconduct, including a felony, when awarding support. However, the convicted spouse’s reduced earning capacity may also be a factor. A felony conviction divorce lawyer in Falls Church can argue how these factors apply.
Do I need a special lawyer for a divorce after a felony?
Yes. A criminal conviction divorce lawyer Falls Church who understands both family law and the implications of the criminal justice system is crucial to protect your custody, support, and property rights during the divorce process.
What is the process for filing for divorce on felony grounds in Falls Church?
The process involves filing a Complaint for Divorce in Falls Church Circuit Court, citing the felony conviction under Va. Code § 20-91. You must provide certified documentation of the conviction and sentence. Serving the complaint on an incarcerated spouse follows specific procedures.
For more information, see our Virginia Family Law hub page. We also assist clients in Fairfax County and with Criminal Defense in Falls Church.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Falls Church cases are handled by our Virginia felony conviction divorce practice, where the whole process is set out.