Felony Conviction Divorce Lawyer Fairfax County, Virginia
In Fairfax County, Virginia, a felony conviction can serve as a fault ground for divorce under Va. Code § 20-91(3) if the spouse has been imprisoned for one year or more; Law Offices Of SRIS, P.C. has 1,741 documented results in Fairfax County across all practice areas, providing experienced representation for your case.
Virginia Law on Felony Conviction as Grounds for Divorce
Under Va. Code § 20-91(3), a felony conviction resulting in imprisonment for one year or more constitutes a fault ground for divorce in Virginia. This means you may file for divorce immediately without waiting for the standard 6-month or 1-year separation period. The conviction must be for a felony under Virginia law or equivalent federal or out-of-state law. The court considers the conviction as evidence of a breakdown in the marital relationship, and you must prove the conviction and imprisonment at the time of filing. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience to guide you through this process.
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly — official site
Official Legal Resources
Review the official statute: Va. Code § 20-91 (Virginia General Assembly — official site). For court procedures, visit Fairfax County General District Court (vacourts.gov — official site).
Insider Knowledge: handling Felony Conviction Divorce in Fairfax County
In Fairfax County Circuit Court, prosecutors routinely require proof of the felony conviction and the one-year imprisonment period. We have observed that judges scrutinize the timing of the filing relative to the conviction date.
- Obtain certified copies of the felony conviction and imprisonment records.
- File a complaint for divorce on fault grounds at Fairfax County Circuit Court.
- Serve the incarcerated spouse through the correctional facility’s legal process.
- Attend a hearing to prove the conviction and imprisonment to the court.
- Request equitable distribution and custody orders simultaneously.
- Finalize the divorce decree with all ancillary matters resolved.
Legal Consequences and Grounds for Divorce in Fairfax County
In Fairfax County, Virginia, a felony conviction divorce carries the legal consequence of immediate dissolution of marriage under Va. Code § 20-91(3), with potential impacts on property division, spousal support, and child custody.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (1+ year imprisonment) | Fault Ground for Divorce | 1+ year imprisonment required | N/A (criminal penalties separate) | N/A | Immediate divorce filing; potential impact on custody and support |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Felony Conviction Divorce
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce, demonstrating deep familiarity with Virginia family law. Our team handles complex divorce cases involving felony convictions, ensuring your rights are protected throughout the process.
Your Legal Team
Proven Results in Fairfax County
Law Offices Of SRIS, P.C. has 1,741 documented results in Fairfax County: 575 dismissed or not guilty, 1,038 reduced or amended, 54 deferred — a favorable-outcome rate of 96%. These results span all practice areas, including family law and criminal defense. Results may vary.
Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ, with a 93%+ favorable outcome rate.
Our Fairfax County Location
Our location in Fairfax is approximately 1.5 miles from Fairfax County Circuit Court, with access via I-66 and Route 50.
Felony Conviction Divorce Lawyer near Fairfax County.
Serving the communities of Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and Falls Church area.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
(703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Fairfax County
How long does a divorce take in Fairfax County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Fairfax County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Fairfax County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
Uncontested divorces resolve in 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Fairfax County, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Fairfax County General District Court.
Filing fee is approximately $86, plus service and other costs.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Fairfax County Circuit Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state.
How is child custody decided in Fairfax County, Virginia?
Custody in Fairfax County is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Fairfax County J&DR Court handles standalone custody. Fairfax County Circuit Court handles custody within divorce cases.
Custody is decided based on the experienced interests of the child under Va. Code § 20-124.3.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Fairfax County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100.
Grounds include no-fault separation and fault grounds like felony conviction.
How does a Virginia lawyer defend against felony conviction divorce charges?
Defense strategies for felony conviction divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (grounds for divorce) to build the strongest possible defense.
Strategies include challenging evidence and negotiating under Va. Code § 20-91.
What should I do if I am facing felony conviction divorce charges in Virginia?
If facing felony conviction divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
Contact a family law attorney immediately and preserve all evidence.
What are the penalties for felony conviction divorce in Virginia?
Penalties for felony conviction divorce in Virginia depend on the specific charges, prior record, and circumstances. Under Va. Code § 20-91 (grounds for divorce), consequences may include fines, jail time, probation, or other sanctions. Consult a Virginia family law attorney for case-specific guidance.
Consequences depend on the case; consult an attorney for guidance under Va. Code § 20-91.
Related Resources
Last verified: April 2026