Felony Conviction Divorce Lawyer Greene County — Protecting Your Rights After a Criminal Conviction
A felony conviction can be grounds for divorce in Virginia under Va. Code § 20-91, requiring one year of imprisonment. handling this process in Greene County demands a felony conviction divorce lawyer Greene County who understands the unique legal and personal challenges. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Greene County General District Court | Virginia General Assembly
Divorce After a Felony Conviction in Greene County
In Virginia, a felony conviction is a fault-based ground for divorce. The statute, Va. Code § 20-91, requires that the convicted spouse be sentenced to confinement for more than one year and that the confinement has actually begun. This is distinct from no-fault separation grounds. A criminal conviction divorce lawyer Greene County is essential because the conviction directly impacts critical issues like child custody, visitation, and the division of marital assets. The court will consider the nature of the crime and its implications for family stability.
Official Legal Resources
Understanding the law is the first step. You can review the official Virginia divorce statutes, including grounds for divorce, at the Virginia General Assembly website. For Greene County-specific procedures and forms, visit the Greene County Courts website.
- Consult with a felony conviction divorce lawyer Greene County to review your case and the conviction’s details.
- File a Complaint for Divorce in Greene County Circuit Court, citing the felony conviction as the ground.
- Serve the divorce papers on your spouse through a sheriff or process server.
- Prepare for and attend court hearings, where evidence of the conviction and its impact will be presented.
- Address related issues like custody, support, and property division, either through negotiation or trial.
- Obtain the Final Decree of Divorce from the court.
In Greene County, a divorce based on a felony conviction is a fault-based proceeding that can significantly influence child custody and asset division outcomes, making skilled legal guidance critical.
| Legal Issue | Potential Impact of Felony Conviction |
|---|---|
| Child Custody | Court may limit custody or order supervised visitation if the crime relates to parental fitness. |
| Visitation | Conditions (e.g., sobriety, no overnight guests) may be imposed to ensure child safety. |
| Spousal Support | The convicted spouse’s ability to pay may be reduced due to incarceration or employment barriers. |
| Property Division | Conviction itself doesn’t alter equitable distribution, but related debts or asset dissipation may be considered. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Greene County Felony Conviction Divorce
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our deep understanding of Virginia’s family law system, including the equitable distribution statute personally amended by Mr. Sris, is matched by our sensitivity to the unique pressures of a divorce after a criminal conviction. We provide a case-specific approach focused on achieving the most stable outcome possible for you and your family during this difficult transition.
Case Results and Client Advocacy
While specific Greene County results are part of our confidential client records, our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. In cases involving divorce after a felony, our role is to vigorously protect your parental rights and financial interests, working to isolate the legal consequences of the conviction from other aspects of your family law case.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
Fairfax Location — 4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients with Greene County court matters. We are accessible via Route 29 and Route 33. We provide 24/7 phone consultations at (888) 437-7747 — meetings are by appointment only. We serve communities including Stanardsville and Ruckersville.
Felony Conviction Divorce in Greene County: Frequently Asked Questions
Is a felony conviction automatic grounds for divorce in Virginia?
Yes, but with specific conditions. Under Va. Code § 20-91, you can file for divorce if your spouse has been convicted of a felony, sentenced to more than one year, and confinement has begun. It is a fault ground, meaning you do not have to wait through a separation period.
How does a felony conviction affect child custody in Greene County?
It depends on the crime’s nature and relation to parenting. Greene County judges use a “best interests of the child” analysis under Va. Code § 20-124.3. A conviction for violence, child abuse, or drug distribution may lead to restricted custody or supervised visitation. A criminal conviction divorce lawyer Greene County can present evidence to mitigate these impacts.
Can I get a divorce if my spouse is currently incarcerated for a felony?
Yes. Incarceration does not prevent a divorce. The process involves serving the divorce papers at the correctional facility and may require coordinating with the prison for any necessary hearings. The grounds are established by the conviction and confinement itself.
Do I need a different lawyer for the divorce than for the criminal case?
It is strongly advised. A felony conviction divorce lawyer Greene County specializes in family law procedure and advocacy, which is separate from criminal defense. While your criminal lawyer handles the conviction, a family law attorney focuses on protecting your rights in the divorce, custody, and support matters that follow.
What if the felony conviction is being appealed?
An appeal may complicate the divorce timeline. The Greene County Circuit Court may choose to stay (pause) the divorce proceedings pending the appeal’s outcome, especially if the conviction’s reversal would eliminate the fault ground. Your attorney can advise on the best strategy, which may involve proceeding on alternative grounds.
For more information on related legal matters, see our pages on Virginia Family Law, Fairfax County Divorce Lawyer, and Greene County Criminal Defense Lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.