In Arlington County, Virginia, a felony conviction can serve as grounds for divorce under Va. Code § 20-91(3) when the spouse has been convicted of a felony and imprisoned for one year or more; Law Offices Of SRIS, P.C. has 115 documented results in Arlington County, including 22 dismissals and 93 reductions, demonstrating extensive experience handling family law matters involving criminal convictions.
Felony Conviction Divorce Lawyer in Arlington County, Virginia
Under Virginia law, a felony conviction can be a fault-based ground for divorce. Va. Code § 20-91(3) provides that a divorce may be granted when a spouse has been convicted of a felony and has been imprisoned for one year or more. Unlike no-fault divorce, which requires a separation period of six months to one year, a felony conviction divorce has no waiting period — you may file immediately upon the conviction and imprisonment. This statutory provision recognizes the significant impact a felony conviction can have on the marital relationship, including financial stability, child custody arrangements, and the overall family dynamic. The conviction must be for a felony under the laws of the jurisdiction where it occurred, and the imprisonment must be for at least one continuous year. The court will consider the nature of the felony, the length of the sentence, and the effect on the family when granting the divorce and determining related issues such as spousal support, child custody, and property division. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience.
Last verified: April 2026 | Arlington County Circuit Court | Virginia General Assembly — official site
For the full text of the statute governing felony conviction as grounds for divorce, see Va. Code § 20-91 (Virginia General Assembly — official site). For information on the equitable distribution statute personally amended by Mr. Sris, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Arlington County Circuit Court, prosecutors and family court judges routinely scrutinize felony conviction divorce filings for procedural compliance. We have observed that the court requires strict proof of the conviction and the one-year imprisonment period — a certified copy of the conviction order and documentation from the correctional facility are essential.
- Obtain a certified copy of the felony conviction order from the court where the conviction occurred.
- Secure documentation from the correctional facility confirming the spouse has been imprisoned for at least one year.
- File a Complaint for Divorce at Arlington County Circuit Court (1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201).
- Serve the complaint on the incarcerated spouse through the correctional facility’s process service procedures.
- Attend the final hearing, where the court will verify the grounds and enter the Final Decree of Divorce.
- Address related matters such as child custody, spousal support, and equitable distribution in the same proceeding.
In Arlington County, Virginia, a felony conviction divorce under Va. Code § 20-91(3) carries no criminal penalties but significantly impacts marital rights, including property division, spousal support, and child custody.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault-based divorce ground | 1+ year imprisonment (required) | N/A (criminal fine separate) | N/A | Loss of marital rights; impact on custody, support, and property division |
Results may vary.
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 the firm’s deep understanding of Virginia family law. The firm handles complex divorce matters involving felony convictions, high-net-worth assets, business valuations, and international elements. With 115 documented results in Arlington County alone — including 22 dismissals and 93 reductions — the firm has a proven track record of achieving favorable outcomes for clients facing the intersection of criminal and family law.
Law Offices Of SRIS, P.C. has 115 documented results in Arlington County: 22 dismissed or not guilty, 93 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. These results include cases involving domestic assault, drug offenses, and other criminal matters that intersect with family law proceedings. The firm-wide total of 4,739+ documented results across VA, MD, DC, NY and NJ further demonstrates the firm’s extensive experience.
Our location in Arlington is approximately 0.5 miles from Arlington County Circuit Court, with access via I-395 and Route 50. If you need a divorce after felony lawyer Arlington County, we are here to help. Serving the communities of Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209
(703) 589-9250 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Arlington County
How long does a divorce take in Arlington County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Arlington County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Arlington 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. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution… High-asset or international-element cases can extend longer. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
How much does a divorce cost in Arlington 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 Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Arlington County General District Court.
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). Arlington County Circuit Court (1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Arlington County, Virginia?
Custody in Arlington 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. Arlington County J&DR Court handles standalone custody. Arlington County Circuit Court handles custody within divorce cases. 115 total documented case results across all practice areas (favorable outcome in all reported instances).
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 Arlington County Circuit Court. 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.
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.
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.
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.
Last verified: April 2026