Felony Conviction Divorce Lawyer Virginia, VA
Under Virginia law, a spouse’s felony conviction and resulting imprisonment can serve as a fault-based ground for divorce. Va. Code § 20-91(3) provides that a divorce from the bond of matrimony may be granted when one spouse has been sentenced to confinement for more than one year following a felony conviction. This ground allows the innocent spouse to file for divorce without waiting for the separation period required in no-fault cases—meaning you may be able to dissolve the marriage sooner than you otherwise could. Law Offices Of SRIS, P.C., founded in 1997, represents clients throughout Virginia in family law matters, including divorce actions predicated on a spouse’s felony conviction and incarceration. Mr. Sris, Owner and Founder of the firm, is a former prosecutor who understands both the criminal and civil dimensions of these cases. Whether your spouse is currently serving time in a Virginia correctional facility or has completed the sentence, the conviction itself may provide the legal basis you need to proceed with the divorce. To discuss your circumstances with an experienced Virginia family law attorney, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in Virginia
Virginia is among the states that recognize a spouse’s felony conviction and incarceration as an independent fault ground for divorce. Under Va. Code § 20-91(3), a divorce may be granted when either party has been sentenced to confinement for more than one year for a felony conviction. The statute does not require the convicted spouse to still be incarcerated at the time the divorce complaint is filed—the conviction and the sentence imposed satisfy the statutory requirement. This ground applies regardless of whether the conviction occurred in Virginia or in another jurisdiction, provided the offense constitutes a felony and the sentence includes confinement exceeding one year.
Virginia Circuit Courts have exclusive original jurisdiction over all divorce proceedings under Va. Code § 20-96. A divorce complaint seeking dissolution on the ground of felony conviction must be filed in the Circuit Court of the county or city where you or your spouse resides. The Juvenile and Domestic Relations District Court handles related matters such as child custody, visitation, and child support, but the divorce itself—including equitable distribution of marital property and any spousal support determination—proceeds exclusively in Circuit Court. Before filing, you must satisfy Virginia’s residency requirement: at least one party must have been a bona fide resident and domiciliary of Virginia for at least six months preceding the commencement of the suit, as set forth in Va. Code § 20-97.
Choosing to pursue a fault-based divorce on the ground of felony conviction carries strategic considerations distinct from no-fault divorce. Unlike a no-fault divorce, which requires a separation period of either six months under Va. Code § 20-91(9)(b) if the parties have no minor children and a signed separation agreement, or one year under § 20-91(9)(a), a fault-based divorce on the ground of felony conviction may be filed without any waiting period. The conviction itself provides the ground; you need not demonstrate a period of living separate and apart. However, pursuing a fault ground typically requires presenting admissible evidence of the conviction and sentence to the court—documentation the firm can help you obtain and submit.
Virginia’s equitable distribution framework governs how marital property is divided upon divorce. Under Va. Code § 20-107.3, the court classifies property as marital, separate, or hybrid, then distributes the marital estate equitably after considering statutory factors including the circumstances that contributed to the dissolution of the marriage. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised subsection (g) of Virginia’s equitable distribution statute to address procedural matters involving qualified domestic relations orders. His familiarity with the statutory framework governing property division informs the firm’s approach to each divorce matter.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
Every divorce case based on a spouse’s felony conviction involves both family law considerations and an understanding of how the criminal justice system intersects with domestic relations. Mr. Sris, a former prosecutor, brings insight into both dimensions. He understands how convictions are documented, when they become final for purposes of a divorce filing, and how incarceration affects procedural aspects such as service of process and the ability to obtain pendente lite relief while a case is pending.
The process typically begins with a thorough evaluation of whether the felony conviction ground is available in your specific circumstances. The conviction must be for a felony—not a misdemeanor—and the sentence imposed must include confinement for more than one year. Mr. Sris and his Of Counsel review the conviction records, the sentencing order, and any pending appeals that may affect the finality of the conviction. They also assess whether additional fault grounds may apply and whether no-fault alternatives are available to you. Once the appropriate ground is confirmed, the firm prepares and files a Complaint for Divorce in the Virginia Circuit Court where venue is proper. If the convicted spouse is incarcerated, service of process must comply with Virginia procedural rules and any requirements of the correctional facility. The firm manages these logistical challenges as part of its representation. If the convicted spouse cannot be located or declines to participate, the case may proceed by default or, in appropriate circumstances, through service by publication. Throughout the process, Mr. Sris and his Of Counsel work to protect your interests regarding property division, spousal support, and, where applicable, child custody and child support. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he founded the firm in 1997 and has concentrated his practice on family law, criminal defense, and related matters for decades. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised Virginia’s equitable distribution statute governing property division in divorce. His background as a former prosecutor gives him firsthand insight into how criminal convictions are documented, how sentencing works, and what evidence is required to establish the felony conviction ground in a divorce proceeding.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with over 4,739+ documented firm-wide results, and a focus on achieving resolutions that serve each client’s long-term interests. Results may vary. The Of Counsel team includes attorneys with diverse professional backgrounds, including former prosecutors and practitioners with extensive experience in Virginia family law. Every attorney working on your matter is engaged through the firm as Of Counsel—a designation reflecting their experience and independent standing in the legal community. The firm’s Fairfax Location serves clients throughout Virginia, and consultations are available by appointment. To schedule a consultation, call (888) 437-7747.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce in Virginia is a fault-based divorce granted under Va. Code § 20-91(3) when one spouse has been sentenced to confinement for more than one year following a felony conviction. This ground allows the innocent spouse to file for dissolution without waiting for the separation period required in no-fault divorce cases. The conviction must be for a felony—not a misdemeanor—and the sentence must include confinement exceeding one year. The divorce action proceeds in the Virginia Circuit Court, which has exclusive jurisdiction over divorce matters. The convicted spouse need not still be incarcerated at the time of filing. For guidance on whether this ground applies to your circumstances, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I file for divorce while my spouse is still incarcerated?
Yes, you may file for divorce while your spouse is incarcerated in Virginia, and you do not need to wait for the completion of the criminal sentence to begin the divorce process. The felony conviction divorce ground under Va. Code § 20-91(3) is satisfied by the conviction and sentence themselves, not by the current incarceration status. Filing while a spouse is incarcerated may involve additional procedural steps, such as arranging service of process at the correctional facility and addressing practical considerations related to the incarcerated spouse’s ability to participate in the proceedings. Mr. Sris and his Of Counsel handle these procedural matters as part of the firm’s representation. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does a felony conviction affect property division in a Virginia divorce?
A felony conviction may influence the court’s equitable distribution determination, but it does not automatically entitle one spouse to a larger share of marital property. Under Va. Code § 20-107.3, the court considers multiple statutory factors when dividing marital assets, including the circumstances that contributed to the dissolution of the marriage. A spouse’s felony conviction—particularly if the crime involved dissipation of marital assets, financial misconduct against the family, or conduct that caused harm to the other spouse—may be relevant to the equitable distribution analysis. The weight given to the conviction depends on the specific facts presented. Each divorce matter is unique, and outcomes are determined by the evidence and the court’s assessment of the statutory factors.
Do I need to wait for my spouse’s criminal appeal to conclude before filing for divorce?
In many instances, you do not need to wait for the conclusion of a criminal appeal before filing for divorce on the ground of felony conviction in Virginia. The divorce court may consider the conviction and sentence as they stand at the time of filing, even if appellate proceedings are pending. However, the procedural status of the criminal case can affect certain aspects of the divorce proceeding, and the divorce court has discretion in how it proceeds when an appeal is ongoing. Mr. Sris and his Of Counsel evaluate the posture of any pending appeals and advise on the appropriate timing for filing. For a consultation about your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What happens to child custody when a parent is convicted of a felony in Virginia?
A parent’s felony conviction and incarceration can significantly affect child custody and visitation determinations, with the court’s paramount consideration being the best interests of the child. Under Va. Code § 20-124.3, the court evaluates statutory factors including each parent’s physical and mental condition, the existing relationship between parent and child, and any history of family abuse. A felony conviction—particularly for a violent offense or an offense involving harm to children—may weigh substantially in the custody analysis. Incarceration also imposes practical limitations on a parent’s ability to exercise physical custody or maintain regular visitation. The court may award sole custody to the non-incarcerated parent, establish supervised visitation, or craft a parenting arrangement that accounts for the realities of the situation. Custody determinations are fact-specific and grounded in the statutory best-interests framework. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction.
How does a felony conviction divorce differ from a no-fault divorce in Virginia?
The primary difference is the absence of a separation waiting period—a felony conviction divorce may be filed immediately upon the conviction and sentencing, while a no-fault divorce requires a period of living separate and apart. A no-fault divorce under Va. Code § 20-91(9) requires either one year of separation or six months of separation if the parties have no minor children and have executed a written separation agreement. By contrast, a divorce on the ground of felony conviction under § 20-91(3) imposes no separation requirement. Additionally, a fault-based divorce may affect the court’s analysis of equitable distribution and spousal support, because fault is among the factors the court may consider. However, a fault ground requires presenting evidence of the conviction and sentence to the court. For guidance on which approach is appropriate in your circumstances, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Learn more about our family law practice: Virginia Divorce Lawyer | Contested Divorce | Equitable Distribution | Child Custody
Virginia legal resources: Virginia Code Title 20 (Domestic Relations) · Virginia Judicial System · Virginia Circuit Courts
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