Felony Conviction Divorce Lawyer in Fredericksburg, Virginia
A felony conviction can be used as fault grounds for divorce in Virginia under Va. Code § 20-91, requiring a spouse to be imprisoned for one year or more. This adds significant complexity to property division, child custody, and support matters. Law Offices Of SRIS, P.C. provides full representation for individuals handling divorce after a felony conviction in Fredericksburg.
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 confinement has actually begun. This is distinct from no-fault grounds based on separation. The statute requires the sentence to be for more than one year; a shorter sentence does not qualify as a fault ground. The divorce complaint must be filed in the Circuit Court where the parties last cohabited or where the defendant resides.
Last verified: April 2026 | Fredericksburg Circuit Court | Virginia General Assembly
External Legal Resources
For the official Virginia statute on divorce grounds, see Va. Code § 20-91 (official Virginia General Assembly). For local court procedures and forms, visit the Fredericksburg Circuit Court website.
handling a Fredericksburg Divorce with a Felony Record
A felony conviction introduces unique challenges in a Fredericksburg divorce. The court may view the conviction as relevant to parenting ability in custody disputes under Va. Code § 20-124.3. Prosecutors in the Fredericksburg Circuit Court will scrutinize the nature of the felony and its impact on the family. Our team, led by a felony conviction divorce lawyer Fredericksburg clients trust, understands how to frame these issues. We focus on mitigating the conviction’s impact on equitable distribution and custody outcomes.
- Initial Case Assessment: We review the felony conviction details, sentence, and its relation to your divorce goals.
- Filing the Complaint: We prepare and file the divorce complaint in Fredericksburg Circuit Court, citing the appropriate grounds.
- Discovery & Negotiation: We manage discovery related to the conviction’s impact and negotiate settlements on property and custody.
- Court Hearings: We represent you at all hearings, advocating to limit the negative effects of the conviction on the final orders.
Potential Consequences in a Divorce
In Fredericksburg, a felony conviction used as divorce grounds can significantly affect child custody determinations and may influence spousal support awards under Va. Code § 20-107.1.
| Legal Issue | Potential Impact of Felony Conviction |
|---|---|
| Child Custody (Va. Code § 20-124.3) | The court must consider the felony as a factor affecting the child’s best interests, potentially limiting custody or requiring supervised visitation. |
| Equitable Distribution (Va. Code § 20-107.3) | The conviction itself is not a direct factor, but related financial misconduct (e.g., fines, restitution) can affect the marital estate. |
| Spousal Support (Va. Code § 20-107.1) | The circumstances skilled to the conviction (e.g., marital misconduct) can be considered in awarding or denying support. |
| Parenting Time | Conditions may be imposed, such as no contact with certain individuals or completion of counseling. |
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. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in state family law. Our firm-wide record includes over 4,739 documented case results with a 93% favorable outcome rate. We understand that a divorce after a felony lawyer Fredericksburg case requires strategic, compassionate advocacy to protect your parental and financial rights.
Documented Case Results
While specific local results are confidential, our firm-wide practice has successfully managed numerous divorces involving criminal backgrounds. Our approach focuses on isolating the legal issues of the divorce from the collateral consequences of a conviction, advocating for fair property division and workable parenting plans. For instance, our team has negotiated agreements where a felony conviction’s impact on custody was mitigated by demonstrating rehabilitation and stable post-conviction life. Mr. Sris, with his background as a former prosecutor, provides valuable strategic insight in these sensitive cases.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Fredericksburg Family Law Office
Our Fairfax location serves clients with Fredericksburg family law matters. We are approximately 50 miles from the Fredericksburg Circuit Court, accessible via I-95 South. If you need a criminal conviction divorce lawyer Fredericksburg residents consult, we are here to help.
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. We serve clients throughout Fredericksburg and surrounding communities.
Frequently Asked Questions
Can a felony conviction affect child custody in Virginia?
Yes. Under Va. Code § 20-124.3, a felony conviction is a factor the Fredericksburg court must consider when determining the child’s best interests. The nature, severity, and recency of the conviction are all evaluated.
How long after a felony conviction can you file for divorce in Virginia?
You can file once the convicted spouse has begun serving a sentence of more than one year. There is no additional waiting period beyond the start of confinement, unlike the separation periods required for no-fault divorce.
Does a felony conviction aim for the other spouse gets custody?
No. A felony conviction is one of many factors. The court’s primary focus is the child’s best interests. Evidence of rehabilitation, current stability, and the nature of the parent-child relationship are also critically important.
Can I get a divorce if my spouse is in prison for a felony?
Yes. A felony conviction with a sentence of more than one year is explicit grounds for divorce under Va. Code § 20-91. The process involves serving the incarcerated spouse and may require adjustments to standard court procedures.
What if the felony conviction happened years ago?
An older conviction may have less impact than a recent one, especially if you can demonstrate a sustained period of rehabilitation and lawful conduct. The court will assess the conviction in the context of your current circumstances.
For more information, see our Virginia Family Law overview. We also assist with criminal defense in Fredericksburg and DUI defense.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.