Felony Conviction Divorce Lawyer Prince William County, VA
When a spouse is convicted of a felony and sentenced to confinement for more than one year, Virginia law recognizes that ground as a basis for divorce. A divorce based on felony conviction may allow a spouse to proceed without waiting for the separation period required for no-fault divorce. In Prince William County, divorce and equitable distribution matters fall under the exclusive jurisdiction of the Prince William County Circuit Court, while custody, support, and protective orders are handled in the Prince William County Juvenile and Domestic Relations District Court. Law Offices Of SRIS, P.C., founded in 1997, serves clients throughout Virginia, including those in Prince William County who need a divorce on felony conviction grounds. Mr. Sris, a former prosecutor, and his Of Counsel team bring experience in both family law and criminal procedure to every case. For a consultation, reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Felony Conviction Divorce Means in Prince William County
A felony conviction divorce falls under the fault grounds listed in Va. Code § 20-91. Unlike no-fault divorce—which requires either one year of separation or six months if no minor children and a signed separation agreement—a fault ground such as a felony conviction may permit a spouse to file for divorce without waiting out a lengthy separation period. The felony conviction must have resulted in a sentence of confinement for more than one year and must not have been reversed on appeal. This ground is available whether the convicted spouse is currently incarcerated or has completed the sentence, provided the conviction remains valid.
In Prince William County, the Circuit Court at 9311 Lee Avenue, Suite 230, Manassas, Virginia handles the divorce, equitable distribution, and any related spousal support issues. If the couple has minor children, custody, visitation, and child support matters may be heard in the Prince William County Juvenile and Domestic Relations District Court. Because the Circuit Court is the exclusive venue for divorce, all filings, including the complaint, must be made there. Mr. Sris and his Of Counsel appear regularly in Prince William County courts and understand the local procedures, including how service of process is accomplished when one party is incarcerated.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When a client comes to Law Offices Of SRIS, P.C. Seeking a divorce based on a spouse’s felony conviction, Mr. Sris and his Of Counsel begin by confirming that the conviction meets the statutory requirements. They review the judgment order, the length of confinement imposed, and any pending appeals. Once the ground is established, the legal team prepares and files the complaint in Prince William County Circuit Court. Because the other party may be incarcerated, the firm takes care to follow the correct service procedures, which may involve the sheriff or a private process server, and ensures that all documents reach the incarcerated spouse in a timely manner.
Throughout the case, Mr. Sris and his Of Counsel handle every stage—from drafting the complaint and arranging service to addressing temporary support, custody, and property division issues. They work with clients to negotiate a property settlement agreement where possible, which can help resolve the divorce without a contested trial. If court appearances are required, the firm’s attorneys present the case in Prince William County Circuit Court, drawing on their extensive experience in family law and court procedures. The team focuses on moving the divorce forward efficiently while ensuring the client’s interests are protected at each step.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with experience in criminal trial work. 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). His background gives him particular insight into cases where a criminal conviction intersects with family law. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary.
The firm’s Of Counsel attorneys—all non-employee counsel engaged through Excella—contribute experience across criminal defense, family law, and courtroom advocacy. Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997, including 297 documented case results in Prince William County with a 97% favorable outcome rate. Results may vary. These figures reflect the firm’s long-standing presence in Virginia courts. For any family law matter in Prince William County, Mr. Sris and his Of Counsel are prepared to provide focused representation.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based divorce ground under Va. Code § 20-91. It applies when one spouse has been convicted of a felony and sentenced to confinement for more than one year, and the conviction has not been overturned. This ground may allow a divorce without the waiting period required for no-fault divorce. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for guidance on your situation.
Can I get a divorce if my spouse is incarcerated in Virginia?
Yes, Virginia law allows you to file for divorce based on a spouse’s felony conviction and incarceration for more than one year. The divorce complaint is filed in the Circuit Court of the county where you or your spouse resides. In Prince William County, the Circuit Court handles the divorce; the J&DR District Court may address custody or support. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Does a felony conviction divorce affect child custody decisions?
Custody decisions in Virginia are based on the best interests of the child under Va. Code § 20-124.3. A parent’s felony conviction and incarceration can be a factor the court considers, but it does not automatically result in loss of custody. The court examines all 10 statutory factors, including the parent-child relationship and the safety of the child. Mr. Sris and his Of Counsel can explain how a felony conviction may influence custody proceedings in Prince William County.
What are all the fault grounds for divorce in Virginia?
Virginia recognizes several fault grounds under Va. Code § 20-91, including adultery, cruelty, desertion for one year, and felony conviction with a sentence of confinement for more than one year. Sodomy or buggery outside the marriage is also listed. Using a fault ground may eliminate the need for a separation period. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss which ground may apply to your case.
How does service of process work when my spouse is in prison?
When a spouse is incarcerated, service of the divorce complaint must still be completed according to Virginia rules. Typically, a sheriff’s deputy or private process server delivers the documents at the correctional facility. The firm’s attorneys manage the service process to ensure it is done correctly and that the incarcerated spouse receives proper notice. For a consultation about felony conviction divorce in Prince William County, call (888) 437-7747.
Is Virginia an equitable distribution state, and how does a felony conviction affect property division?
Virginia is an equitable distribution state. Marital property is divided fairly based on factors such as the length of the marriage and each spouse’s contributions. A felony conviction may affect property division if, for example, one spouse dissipated marital assets or if the conviction itself carries financial consequences. The Prince William County Circuit Court considers all relevant circumstances in reaching an equitable award.
Family law representation is also available in nearby counties: Fairfax County Divorce Lawyer · Stafford County Divorce Lawyer · Loudoun County Divorce Lawyer · Arlington County Divorce Lawyer
Primary legal resources: Virginia Code § 20-91 (Grounds for Divorce) · Prince William County Circuit Court
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