Felony Conviction Divorce Lawyer in Lexington, Virginia — What Are Your Rights?
A felony conviction can be grounds for divorce in Virginia under Va. Code § 20-91, impacting custody and property division. Law Offices Of SRIS, P.C. provides strategic counsel as your felony conviction divorce lawyer Lexington. We have documented results in Lexington family law cases. Call (888) 437-7747 for a case review.
Divorce After a Felony Conviction in Virginia
Virginia law provides specific fault-based grounds for divorce, including a felony conviction. Under Va. Code § 20-91, you can file for divorce if your spouse has been convicted of a felony and sentenced to confinement for more than one year, provided the conviction occurred after the marriage and the sentence has not been fully suspended. This is a critical distinction from no-fault separation grounds. The Lexington Circuit Court handles all divorce filings, including those based on felony convictions.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Legal Resources and Statutes
Understanding the relevant statutes is essential. The primary statute for felony conviction divorce is Va. Code § 20-91. For court procedures and filing information, refer to the Lexington General District Court website. Founded in 1997 by former prosecutor Mr. Sris, our firm brings deep knowledge of Virginia’s family law system to your case.
- Gather certified copies of the felony conviction and sentencing order.
- File a Complaint for Divorce citing felony conviction under Va. Code § 20-91 at the Lexington Circuit Court clerk’s office.
- Serve the divorce papers on your spouse according to Virginia rules.
- Prepare for potential hearings on related issues like custody, which the court will decide based on the child’s best interests under Va. Code § 20-124.3.
- Attend the final divorce hearing to present evidence of the conviction and address property division under Va. Code § 20-107.3.
Potential Consequences in a Lexington Divorce
In Lexington, a felony conviction divorce can affect custody, support, and property division, with the convicted spouse often at a disadvantage in court determinations.
| Legal Issue | Potential Impact of Felony Conviction | Governing Statute |
|---|---|---|
| Divorce Grounds | Establishes fault; no waiting period required. | Va. Code § 20-91 |
| Child Custody | Court must consider criminal record for child’s best interests; may restrict visitation. | Va. Code § 20-124.3 |
| Property Division | Conviction is not a direct factor, but marital misconduct like financial crimes linked to the felony can be considered. | Va. Code § 20-107.3 |
| Spousal Support | Fault, including felony conviction, is a factor the court can consider in awarding or denying support. | Va. Code § 20-107.1 |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Complex Family Law Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our team has over 120 years of combined legal experience. We have handled 4,739+ cases with a 93%+ favorable outcome rate firm-wide. Our founder, Mr. Sris, is a former prosecutor who personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3. This deep legislative insight is invaluable for handling how a felony conviction might affect the division of complex assets in a Lexington divorce.
Case Results and Client Advocacy
In Lexington, we have 14 total documented case results across all practice areas with a 100% favorable outcome rate. Our approach is collaborative; for instance, Mr. Sris, with his background as a former prosecutor and his direct experience amending Virginia family law, works with our team to build strong strategies for clients facing divorce after a criminal conviction.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Lexington Felony Conviction Divorce Lawyer
Our Richmond location serves clients with family law matters in Lexington. We are easily accessible via I-64 and I-81, near landmarks like Virginia Military Institute (VMI) and Washington and Lee University.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009 | Local: (703) 636-5417
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24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve Lexington and surrounding communities.
FAQs: Felony Conviction and Divorce in Lexington
Is a felony conviction automatic grounds for divorce in Virginia?
Yes, a felony conviction with a sentence of more than one year is a fault ground for divorce under Va. Code § 20-91, provided it occurred after the marriage.
How does a felony conviction affect child custody in Lexington?
It depends. The court must consider the conviction under the child’s best interests factors in Va. Code § 20-124.3. A serious felony, especially involving violence or child endangerment, can lead to supervised visitation or loss of custody.
Can I get a divorce after felony lawyer in Lexington if my spouse is in prison?
Yes. A divorce after felony lawyer Lexington can file the necessary paperwork. Service of process can be accomplished at the correctional facility, and the incarcerated spouse can respond or appear via video if permitted by the court.
Does a felony conviction aim for I will get spousal support?
No. While fault is a factor under Va. Code § 20-107.1, the court considers many elements. Being the innocent spouse in a felony conviction divorce may support a claim, but it is not guaranteed.
What is the advantage of using a felony conviction as grounds versus no-fault?
The primary advantage is timing; there is no mandatory separation period. It may also affect spousal support and, indirectly, custody. However, you must prove the conviction, which requires certified documents.
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in Lexington and DUI defense in Lexington.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.