Felony Conviction Divorce Lawyer Alexandria, VA
Under Virginia law, a spouse may obtain a divorce on the ground that the other spouse has been convicted of a felony and sentenced to confinement for more than one year. This fault-based ground, set out at Va. Code § 20-91(3), allows the filing spouse to commence a divorce action without waiting through the separation periods required for a no-fault divorce. In Alexandria, Virginia, all divorce complaints are filed with the Alexandria Circuit Court, located at 520 King Street. Law Offices Of SRIS, P.C. represents individuals in Alexandria—and the surrounding communities of Old Town, Del Ray, and Kingstowne—who are seeking to dissolve a marriage based on a spouse’s felony incarceration. Mr. Sris, the Owner and Founder of the firm, is a former prosecutor who understands how criminal records are generated and how they relate to family court proceedings. The firm’s Arlington location works closely with clients pursuing divorce on fault grounds, helping them gather the necessary documentation of the conviction and sentence, prepare the complaint, and move the case forward in the Circuit Court. If you are considering a divorce on the basis of a spouse’s felony conviction, an experienced attorney can explain the procedural requirements and help you assess the potential effect on property division, spousal support, and child-related matters. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Divorce Based on Felony Conviction in Alexandria, Virginia
Virginia is an equitable distribution state, and the Alexandria Circuit Court has exclusive jurisdiction over all divorce actions filed in the City of Alexandria. When a spouse initiates a divorce on the felony-conviction ground, the case proceeds in that court, and the issues of property division, spousal support, and, if children are involved, custody and child support are resolved under Virginia law. The felony-conviction ground does not require a period of living separate and apart—the filing spouse may commence the suit as soon as the conviction and the sentence of confinement for more than one year are established.
The Alexandria Circuit Court is part of the Eighteenth Judicial District. The complaint must allege the conviction and the sentence of confinement, and the filing spouse must be prepared to introduce evidence of the conviction—typically a certified copy of the sentencing order. Even when the ground is undisputed, the court will consider the eleven statutory factors set out in to make an equitable distribution of marital property. Mr. Sris and his Of Counsel team are familiar with the Alexandria court’s procedural expectations and can guide a client through each stage, from the initial filing to the entry of the final decree.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
Obtaining a divorce on the fault-ground of a spouse’s felony conviction involves several procedural steps. The first is determining whether the ground is available: the spouse must have been convicted of a felony and sentenced to confinement for a period exceeding one year. Mr. Sris and his Of Counsel review the underlying criminal judgment and sentence to confirm that the statutory conditions are met. If the spouse is still incarcerated, they must be served with the divorce complaint through the appropriate means, and the court must be satisfied that proper service has been made before it can proceed.
Once the complaint is filed and service is accomplished, the case follows the ordinary course of contested or uncontested divorce. If the convicted spouse does not contest the divorce and the parties have reached agreements on property, support, and child-related matters, the matter may be resolved without a trial. If issues are disputed, the court will hear evidence and make determinations. Throughout the process, Mr. Sris and his Of Counsel work to protect the client’s interests, whether the case involves a marital estate with significant assets, a request for spousal support, or parenting-time questions. The firm’s approach is to handle each matter with careful attention to the facts and to the legal standards that apply in the Alexandria Circuit Court.
About Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. He is a former prosecutor, and his background in criminal law gives him a practical understanding of how a felony conviction is established and documented—knowledge that is directly relevant when pursing a divorce on this fault ground. Mr. Sris has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Mr. Sris leads a team of Of Counsel attorneys who also represent clients in family law matters. The collective experience between Mr. Sris and his Of Counsel exceeds 120 years, and the firm has documented more than 4,739 case results across all practice areas since its founding. Results may vary. Every attorney working on family law cases draws on this depth of experience to address the legal and personal dimensions that arise in divorce litigation.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based divorce granted when one spouse has been convicted of a felony and sentenced to confinement for more than one year. The ground is codified at Va. Code § 20-91(3). Unlike no-fault divorce, it does not require a waiting period of living separate and apart. The filing spouse must present evidence of the conviction and the sentence to the court.
Do I need a lawyer to file for a divorce on the ground of felony conviction?
While Virginia law does not require you to have an attorney, proceeding pro se in a fault-ground divorce carries significant risk. The pleading must properly set out the statutory ground, and you must introduce admissible evidence of the conviction. A lawyer can help ensure the complaint is correctly drafted, that the certified records are obtained and presented, and that the related issues of property division, support, and custody are addressed in a manner that protects your interests.
How does a felony conviction divorce affect property division in Alexandria?
Virginia courts divide marital property under the equitable-distribution factors listed in. The conviction itself is not a direct financial penalty in the divorce, but the circumstances surrounding the offense and the incarceration may influence the court’s consideration of the factors. The court retains discretion to make a fair division based on the evidence presented. Mr. Sris and his Of Counsel can explain how the specific facts of your case may be evaluated by the Alexandria Circuit Court.
Can the incarcerated spouse contest the divorce?
Yes. Even when the ground is clear, the convicted spouse retains the right to appear and contest matters such as property classification, spousal support, and child-related issues. If the spouse is incarcerated, special procedures for service and participation apply. The court will ensure that the incarcerated party receives notice and an opportunity to be heard before entering a final decree.
Is there a residency requirement for a divorce in Alexandria, Virginia?
Yes. Under Va. Code § 20-97, at least one of the parties must have been a bona fide resident and domiciliary of Virginia for at least six months immediately before the divorce complaint is filed. This requirement applies to all divorce suits, whether fault-based or no-fault, and must be satisfied before the Alexandria Circuit Court can exercise jurisdiction over the matter.
What should I bring to a consultation about a felony conviction divorce?
If possible, bring a copy of the sentencing order or other documentation showing the felony conviction and the length of confinement. Any marital settlement agreements, prenuptial agreements, or prior court orders involving the family are also helpful. Even if you do not have all of these documents, Mr. Sris and his Of Counsel can advise you on how to obtain them and can begin evaluating your situation during an initial consultation.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related family law services: Fairfax County family law lawyer · Fairfax City family law lawyer · Falls Church family law lawyer · Prince William County family law lawyer · Manassas family law lawyer
Official Virginia resources: Virginia Code § 20-91 (grounds for divorce) · Virginia Judicial System · Alexandria Circuit Court
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