Felony Conviction Divorce Lawyer Prince William County — What Are Your Rights?
A spouse’s felony conviction is a fault ground for divorce in Virginia under Va. Code § 20-91. In Prince William County, this can significantly impact property division, spousal support, and custody. Law Offices Of SRIS, P.C. provides full representation for divorce after a felony conviction, leveraging our deep knowledge of Virginia family law statutes and local court procedures to protect your interests.
Virginia Law on Divorce After a Felony Conviction
Virginia law provides specific fault grounds for divorce, including a spouse’s felony conviction and imprisonment for one year or more. This is distinct from no-fault separation grounds. The statute, Va. Code § 20-91, allows the innocent spouse to file immediately upon the conviction becoming final, without a mandatory waiting period. This fault finding can influence the court’s decisions on equitable distribution of assets and debts under Va. Code § 20-107.3 and spousal support awards.
Last verified: April 2026 | Prince William County Circuit Court | Virginia General Assembly
Key Considerations in a Criminal Conviction Divorce
When a divorce involves a criminal conviction, several unique factors come into play. The conviction itself is a central issue, but its ripple effects on the family are what the Prince William County Circuit Court will examine closely. The incarceration of a parent directly affects custody and visitation schedules, often requiring creative parenting plans. also, the loss of income due to imprisonment impacts both child support calculations and the ability to pay spousal support. A felony conviction may also be introduced as evidence of marital misconduct, which the court can consider when dividing marital property or awarding support, potentially tilting the scales in favor of the innocent spouse.
- Gather Documentation: Obtain certified copies of the final judgment and sentencing order for the felony conviction.
- File the Complaint: Your lawyer will file a Complaint for Divorce in Prince William County Circuit Court, citing felony conviction as the ground under Va. Code § 20-91(5).
- Serve the Incarcerated Spouse: Service of process must be completed on your spouse, which may involve coordination with the correctional facility.
- Address Financial & Custody Issues: File motions for pendente lite (temporary) support and establish a temporary custody/visitation plan if children are involved.
- Proceed to Hearing or Trial: Present evidence of the conviction and its impact on the family to secure a divorce decree and final orders on all related matters.
Potential Impacts on Your Divorce Case
In Prince William County, a felony conviction divorce can affect property division, support, and custody, moving the case through the Prince William County Circuit Court.
| Legal Issue | Potential Impact of Felony Conviction |
|---|---|
| Equitable Distribution | The court may consider the conviction as marital misconduct, potentially awarding a larger share of marital assets to the innocent spouse, especially if the crime caused financial loss. |
| Spousal Support | The convicted spouse’s ability to pay is severely diminished by incarceration. The court may impute income or find support obligations are not appropriate. |
| Child Custody & Visitation | The conviction is a primary factor in the “best interests of the child” analysis. Incarceration limits physical custody and requires a detailed plan for communication and future visitation. |
| Child Support | Support is calculated based on the incarcerated parent’s ability to earn, not actual income. The court may impute income at a minimum wage level. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Divorce After Felony Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to complex family law matters. Our firm has a documented record of firm-wide 4,739+ case results with a 93%+ favorable outcome rate. Mr. Sris possesses unique insight, having personally contributed to amending Virginia’s key equitable distribution statute, Va. Code § 20-107.3. This deep legislative and courtroom experience is critical when handling a divorce where a felony conviction introduces fault and complexity.
Case Results & Local Experience
Our firm has 297 documented case results in Prince William County across all practice areas, reflecting a 97% favorable outcome rate. We have successfully represented clients in the Prince William County Circuit Court, where all divorce cases are filed. For instance, our team has secured favorable settlements in cases where one spouse’s incarceration required nuanced approaches to asset division and future support obligations. Mr. Sris, the firm’s founder, provides strategic oversight on these matters, ensuring every angle is addressed.
Results may vary. Prior results do not aim for a similar outcome.
Prince William County Felony Conviction Divorce Lawyer Near Me
Our Fairfax location serves clients at the Prince William County courts. We represent individuals in Manassas, Woodbridge, Dale City, Dumfries, Gainesville, Haymarket, Lake Ridge, and Occoquan. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
FAQs: Divorce After a Felony Conviction in Virginia
Is a felony conviction grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91(5), a divorce can be granted on the grounds that your spouse has been convicted of a felony, sentenced to confinement for more than one year, and has been confined after conviction.
How does a spouse’s felony conviction affect child custody?
It is a major factor. The court’s primary concern is the child’s best interests under Va. Code § 20-124.3. The conviction and incarceration will heavily influence parenting time, decision-making responsibility, and the need for supervised visitation, especially if the crime involved violence or endangerment.
Can I get spousal support if my spouse is in prison for a felony?
It depends. The court considers 13 factors under Va. Code § 20-107.1. While your need may be great, the incarcerated spouse’s present ability to pay is virtually zero. The court may impute income or deny an award, focusing instead on an equitable division of assets to address need.
Do I need a criminal conviction divorce lawyer for this?
Yes. A lawyer experienced in both family law and the interplay with criminal convictions is crucial. They understand how to present the conviction evidence effectively in divorce court and handle the unique procedural hurdles, such as serving an incarcerated spouse.
What is the divorce process with an incarcerated spouse?
The process follows standard divorce steps but requires serving paperwork at the correctional facility and potentially arranging for the incarcerated spouse to participate in hearings via video or through appointed counsel. The ground for divorce is streamlined due to the fault finding.
Related Practice Areas: For other legal challenges, see our Prince William County criminal defense lawyer page or our Prince William County DUI lawyer page.
More Local Help: We also assist clients in neighboring areas like Fairfax County and Manassas City. For a statewide overview, visit our Virginia family law lawyer hub.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance on divorce after a felony conviction in Prince William County.