Felony Conviction Divorce Lawyer Near Me
When a marriage ends because one spouse has been convicted of a serious crime and sentenced to prison, the other spouse may have the right to seek a divorce on fault grounds. In Virginia, a spouse can file for divorce when the other has been convicted of a felony and sentenced to confinement for more than one year, and that sentence includes actual confinement—a ground found in Va. Code § 20‑91. For individuals in Fairfax County, Arlington, Alexandria, and across Northern Virginia, a “Felony Conviction Divorce Lawyer Near Me” search often begins with questions about how this ground works and whether it changes property or support outcomes. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team represent clients seeking a divorce based on a spouse’s felony imprisonment. The firm’s Fairfax Location has represented individuals in the Fairfax County Circuit Court and surrounding courts for more than two decades. To discuss your situation, call (888) 437‑7747.
What Felony Conviction Divorce Means in Virginia
Virginia law lists several fault grounds for divorce, one of which is the conviction and sentencing of a spouse for a felony offense. Under Va. Code § 20‑91(3), a divorce may be granted when one spouse has been convicted of a felony, sentenced to confinement for more than one year, and is actually confined following that sentence. The ground does not require the convicted spouse to be currently incarcerated at the time the divorce complaint is filed; the statute looks to whether the sentence involved confinement and whether the conviction is final. Some spouses wait until after the conviction is affirmed on appeal, while others file once the sentencing order is entered. The ground gives the innocent spouse a way to end the marriage without waiting for the separation periods required for a no‑fault divorce.
In Fairfax County, felony conviction divorce cases are heard in the Fairfax County Circuit Court, the same court that handles equitable distribution, spousal support, and all matters tied to the dissolution of the marriage. The Juvenile and Domestic Relations District Court may handle related custody, visitation, or child support questions, but the divorce itself must be filed in the Circuit Court. A spouse who seeks a divorce on this fault ground must still satisfy Virginia’s six‑month domiciliary residency requirement (Va. Code § 20‑97). The firm’s Fairfax Location, at 4008 Williamsburg Court in Fairfax, serves clients throughout the county and the broader Northern Virginia region. For anyone searching for a “Felony Conviction Divorce Lawyer Near Me” in this area, Mr. Sris and his Of Counsel provide representation grounded in decades of experience in Virginia family law.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
A felony conviction divorce raises specific procedural and substantive issues that differ from other fault grounds such as adultery or cruelty. Mr. Sris and his Of Counsel start by evaluating whether the statutory elements have been met: a felony conviction, a sentence to confinement for more than one year, and at least a period of actual confinement. If the elements are satisfied, the firm prepares and files a Complaint, serves the incarcerated spouse or their attorney, and moves the case toward a resolution. In some instances, the incarcerated spouse agrees to the divorce, and the matter can proceed more quickly. In others, the spouse may contest the divorce, which requires the innocent party to prove the ground at trial.
Because the ground involves a criminal conviction, the divorce case often intersects with other collateral matters. Property division, spousal support, and custody must still be addressed, and Mr. Sris and his Of Counsel work through each component. Virginia is an equitable distribution state, meaning the court divides marital property based on statutory factors rather than an automatic fifty‑fifty split. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that revised Va. Code § 20‑107.3, Virginia’s equitable distribution statute. That involvement gives the firm an in‑depth understanding of property division in divorce. Whether the matter is uncontested or contested, the team works to achieve a fair resolution. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has built a multi‑state family law practice since 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he concentrates a significant portion of his work on divorce and complex family law matters. A former prosecutor, Mr. Sris brings a trial‑focused perspective to every case. His background in accounting and information systems also gives him a distinctive ability to analyze financial issues that frequently arise in divorce—especially when a felony conviction involves restitution, forfeiture, or property that must be classified as marital or separate.
The Of Counsel team at the firm includes attorneys with extensive experience in Virginia family law and litigation. Collectively, Mr. Sris and his Of Counsel bring extensive combined legal experience. The firm has documented case results across all practice areas since 1997. Results may vary. Whether a case requires straightforward pleading based on a clear felony conviction or more complex arguments about confinement status, the team is prepared to handle it. Every client receives attention from experienced counsel who understand how felony conviction divorces are handled in Virginia courts.
Frequently Asked Questions
What is the legal ground for a felony conviction divorce in Virginia?
Virginia law allows a divorce when one spouse has been convicted of a felony, sentenced to confinement for more than one year, and has been actually confined under the sentence. This fault ground is found in Va. Code § 20‑91(3). The innocent spouse can file for divorce without waiting for the separation periods required under the no‑fault provisions. The conviction must be final, and the sentence must include at least a period of actual confinement—a suspended sentence alone does not satisfy the ground. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Does a felony conviction divorce affect property division or spousal support?
A felony conviction that leads to divorce can influence how a Virginia judge divides marital property and decides spousal support, but the conviction itself does not automatically guarantee a particular outcome. Virginia courts apply equitable distribution factors under Va. Code § 20‑107.3, which include the circumstances and factors that contributed to the dissolution of the marriage. A spouse’s criminal conduct that results in incarceration may be considered, but the court still examines all relevant factors. Similarly, fault may be weighed when determining spousal support. Mr. Sris and his Of Counsel help clients understand how the conviction might affect these financial issues.
Can I get custody of my children when the other parent is in prison for a felony?
Yes, a parent can seek custody when the other parent is incarcerated; the Virginia court applies the trusted‑interest‑of‑the‑child factors enumerated in Va. Code § 20‑124.3. The fact that a parent is serving a prison sentence is not an automatic bar to contact or visitation, but it is a significant factor that the court will weigh. The court may award sole custody to the non‑incarcerated parent and order supervised or limited visitation for the incarcerated parent. The court’s focus remains on what arrangement serves the child’s emotional and physical well‑being. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
How long does a felony conviction divorce take in Fairfax County?
The timeline for a felony conviction divorce varies depending on whether the parties agree, the court’s calendar, and the complexity of related issues such as property division and custody. If the incarcerated spouse does not contest the divorce and the parties have resolved all attendant matters, the case can move more quickly. If the divorce is contested, the matter may require discovery, hearings, and a trial, which can extend the process. The Fairfax County Circuit Court schedules hearings on its own calendar, and cases that involve complex financial issues may take longer. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
Do I need a lawyer to file for divorce based on a spouse’s felony conviction in Virginia?
You are not required to have a lawyer, but experienced legal counsel can help ensure the statutory ground is properly pleaded and all related issues are addressed. Proving the conviction ground may require certified court records of the felony case, evidence of the sentence, and proof of confinement. Mistakes in the pleadings or service on the incarcerated spouse can delay the case. A Virginia family lawyer can also help negotiate property, support, and custody matters while the divorce is pending. Mr. Sris and his Of Counsel have handled felony conviction divorces in Fairfax and surrounding counties.
What documents do I need to start a felony conviction divorce case?
Typically, you will need a certified copy of the spouse’s conviction order, the sentencing order, and proof of confinement to establish the ground under Va. Code § 20‑91(3). You should also gather any marital assets and debts information, existing custody or support orders, and your marriage certificate. The Complaint will need to specify the ground, and supporting exhibits must be attached. Mr. Sris and his Of Counsel guide clients through the document collection process and ensure the necessary records are filed with the Fairfax County Circuit Court. To discuss your matter, call (888) 437‑7747.
Related Practice Areas
More family law services in Fairfax, VA:
Contested Divorce Lawyer in Fairfax |
Uncontested Divorce Lawyer in Fairfax |
Adultery Divorce Lawyer in Fairfax |
Child Custody Lawyer in Fairfax |
Spousal Support Lawyer in Fairfax
Official Resources
Virginia primary authority:
Va. Code § 20‑91 (Grounds for Divorce) |
Virginia Judicial System |
Va. Code § 20‑107.3 (Equitable Distribution)
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.