Felony Conviction Divorce Lawyer Fauquier County, VA
When a marriage is damaged by one spouse’s criminal conduct, Virginia law permits the other spouse to seek a divorce on the fault ground of felony conviction and imprisonment. Under Va. Code § 20-91(3), a divorce from the bond of matrimony may be granted when one party has been sentenced to confinement for more than one year for a felony and is actually confined. If you are the spouse who remained outside the correctional system and you are ready to end the marriage, Law Offices Of SRIS, P.C. can represent you in a felony-conviction divorce proceeding in Fauquier County Circuit Court. Mr. Sris, Owner and Founder of the firm, is a former prosecutor with experience in criminal trial work, bringing a distinctive understanding of the intersection between the criminal case and the family-law case. The firm’s Fairfax Location serves clients throughout Fauquier County, including Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. For a consultation, 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 Fauquier County
Virginia’s statutory grounds for divorce include several fault-based categories. Among them, Va. Code § 20-91(3) authorizes an absolute divorce when a spouse has been convicted of a felony, sentenced to confinement for more than one year, and is actually imprisoned. The person who files for divorce under this provision is typically the non-incarcerated spouse. The proceeding must be filed in the circuit court that has jurisdiction over the matter—in Fauquier County, that is the Fauquier County Circuit Court, located at 6 Court Street, Warrenton, VA 20186.
Because the defendant spouse is incarcerated, service of process and court appearances raise logistical considerations that do not arise in other divorce cases. The court may appoint a guardian ad litem for the incarcerated party if appropriate, and temporary relief regarding child custody, support, and use of the family home may be sought pendente lite. Fauquier County Circuit Court exercises exclusive original jurisdiction to grant the divorce, while the Fauquier County Juvenile and Domestic Relations District Court may address standalone custody, visitation, and support matters that arise during the pendency of the divorce.
Virginia is an equitable distribution state. The court classifies and values marital and separate property, then divides the marital estate equitably after considering the factors set out in Va. Code § 20-107.3. The fact that one spouse is incarcerated does not alter the classification or valuation rules, but it may bear on practical issues such as the ability to pay spousal support or participate in custody proceedings. Mr. Sris and his Of Counsel team appreciate how a felony conviction can affect the economics of a divorce and work to protect the non-incarcerated spouse’s interests in the distribution of assets.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When you engage Law Offices Of SRIS, P.C. for a felony-conviction divorce in Fauquier County, Mr. Sris and his Of Counsel begin by confirming that the statutory prerequisites are met: a felony conviction, a sentence of confinement exceeding one year, and actual confinement at the time the complaint is filed. The firm then prepares and files a complaint for divorce in the Fauquier County Circuit Court, citing the ground under Va. Code § 20-91(3). The incarcerated spouse must be served with process; the firm coordinates service through the sheriff’s department or a private process server, depending on the location of the correctional facility.
Once the case is commenced, the attorney may seek temporary orders for child custody, child support, spousal support, and exclusive use of the marital residence. These pendente lite orders provide stability while the divorce is pending. Virginia also requires a corroborating witness for an uncontested divorce hearing; Law Offices Of SRIS, P.C. Guides clients through this requirement and prepares the necessary testimony and documents. If the case is contested, the firm litigates equitable distribution, support, and custody issues in the Circuit Court. Because Mr. Sris is a former prosecutor, he is uniquely positioned to understand the criminal case record and its implications for the divorce proceeding, including any impact on spousal support and property division.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings an informed perspective to family-law matters that intersect with the criminal justice system. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team includes attorneys with deep litigation backgrounds and collective experience that strengthens the representation of clients in felon-conviction divorce and other family-law matters.
Over 120 years of combined legal experience between Mr. Sris and his Of Counsel, with 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based divorce available when one spouse has been convicted of a felony, sentenced to more than one year of confinement, and is actually imprisoned. The ground is set out in Va. Code § 20-91(3). The non-incarcerated spouse files the complaint in circuit court. The divorce dissolves the marriage and allows the court to address custody, support, and property division. Because the ground does not require the non-incarcerated spouse to prove additional fault, it can offer a straightforward path to dissolution, though the exact procedure varies by case.
Do I need a lawyer to file for divorce on the ground of my spouse’s felony conviction in Fauquier County?
While you are not legally required to have a lawyer, a felony conviction divorce in Fauquier County Circuit Court involves service on an incarcerated party, statutory deadlines, and equitable distribution rules that are complex. An experienced family-law attorney can manage the procedural requirements, ensure that the convicted spouse receives proper notice, and present your case for support and asset division. Law Offices Of SRIS, P.C. provides representation to the filing spouse in Fauquier County and handles the unique issues that arise when the defendant is incarcerated.
How does the court divide property when one spouse is in prison for a felony?
Virginia follows equitable distribution, not a 50/50 split. Under Va. Code § 20-107.3, the court classifies marital and separate property, values the marital estate, and distributes it fairly after considering eleven factors. The incarceration of one spouse may affect the court’s consideration of factors such as the contributions to the marriage, the duration of the marriage, and the circumstances experienced to the divorce. The non-incarcerated spouse can present evidence relevant to these factors.
Can I get spousal support when I file for divorce based on my spouse’s felony conviction?
Spousal support may be awarded if the court finds it appropriate after evaluating the statutory factors in Va. Code § 20-107.1. The incarceration of the paying spouse does not automatically bar an award, but the court will consider the parties’ incomes, earning capacities, and needs. Pendente lite support can also be sought while the divorce is pending. An attorney can explain how the unique circumstances of an incarcerated spouse may affect a support determination.
What if the incarcerated spouse contests the divorce or custody?
An incarcerated spouse has the right to participate in the divorce and custody proceedings through appointed counsel or by telephone, and the case may become contested. The court will then proceed to trial on the disputed issues. Law Offices Of SRIS, P.C. has experience litigating family-law matters in Fauquier County Circuit Court and can effectively present your case, cross-examine witnesses, and argue the statutory factors that support your position.
How do I start a felony conviction divorce in Fauquier County?
Contact an attorney to evaluate whether your spouse meets the statutory requirements under Va. Code § 20-91(3) and then file a complaint for divorce in the Fauquier County Circuit Court. The complaint must allege the conviction, the sentence, and the current confinement. Service is made upon the incarcerated spouse through the sheriff or a process server. After service, temporary relief can be requested while the case moves toward a final decree. Law Offices Of SRIS, P.C. Guides clients through each step.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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Primary legal sources: Va. Code § 20-91 · Fauquier County Circuit Court · Va. Code § 20-107.3.
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