Felony Conviction Divorce Lawyer Fairfax, VA
You recently learned your spouse has been convicted of a felony and will be imprisoned for more than a year. The future of your marriage is uncertain—and you may not want to wait the year or more required for a no‑fault separation. Under Virginia law, a felony conviction can serve as an immediate ground for divorce, allowing you to move forward without a lengthy separation period. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. represent clients in Fairfax County and Fairfax City who seek divorce based on their spouse’s felony incarceration. Call (888) 437‑7747 to discuss your situation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Your Options for Divorce After a Felony Conviction
Virginia law gives you more than one path to end a marriage when a spouse is convicted of a felony. You may wait out the separation period required for a no‑fault divorce—six months with a signed agreement and no minor children, or one year in other circumstances. But that waiting period can be frustrating when the marriage has already been shattered by a criminal conviction.
The felony‑conviction ground under Va. Code § 20-91 allows you to file immediately. To qualify, the spouse must have been convicted of a felony and sentenced to confinement for more than one year, and must actually be confined. Because this is a fault‑based ground, no separation period applies. Mr. Sris and his Of Counsel can help you evaluate whether using the felony‑conviction ground is the right strategy in your situation.
What to Expect When Filing in Fairfax
Divorce cases in this region are heard in the Fairfax County Circuit Court or the Fairfax City Circuit Court, depending on where the parties reside. The first step is to prepare and file a Complaint for divorce, stating the felony‑conviction ground. The incarcerated spouse must be served with the divorce papers—typically through the sheriff or a private process server at the correctional facility.
Service on an inmate can present practical challenges, but it is a routine part of our practice. If personal service is not possible, the court may authorize alternative methods such as service by publication. Once service is complete and the statutory response period has run, the court will schedule a hearing. If the incarcerated spouse cannot appear, the court can proceed without them. Our team handles the procedural steps so you can focus on moving forward.
How a Felony Conviction Affects Divorce Outcomes
A spouse’s felony conviction can influence property division, spousal support, and child custody. Virginia is an equitable‑distribution state, not a community‑property state. The court divides marital property fairly but not necessarily equally, and the circumstances surrounding the divorce—including a felony conviction—are among the factors the judge may consider.
For custody and visitation, the best interests of the child control. A felony conviction, particularly for a violent crime or a crime involving dishonesty, can weigh heavily in that analysis. The court may impose restrictions on visitation or require supervised contact. Mr. Sris and his Of Counsel have experience presenting these issues effectively while working to protect your parental rights and financial interests.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He is admitted 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 Of Counsel team includes attorneys with deep backgrounds in family law and criminal procedure, giving the firm a comprehensive perspective on cases where a felony conviction intersects with divorce. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with 4,739+ documented firm-wide results. Results may vary.
For a detailed statutory overview of Virginia divorce grounds, see our comprehensive guide on srislawyer.com.
Frequently Asked Questions
Can I divorce my spouse immediately after a felony conviction in Virginia?
Yes. If your spouse has been convicted of a felony and sentenced to confinement for more than one year, you can file for divorce without waiting for the separation period required under no‑fault grounds. The divorce is based on the fault ground in Va. Code § 20-91, and you may proceed as soon as the conviction is final and the spouse is incarcerated. The court must still resolve property division, support, and custody, but the divorce itself does not require a separation period.
Do I need to serve my incarcerated spouse with divorce papers?
Yes. The incarcerated spouse must be served with the divorce complaint and summons. Service is typically accomplished through the sheriff or a private process server at the correctional facility. If personal service is not possible, the court may authorize service by publication or other alternative methods. Our firm ensures proper service so your case can proceed without unnecessary delay.
How long does a divorce based on felony conviction take in Fairfax?
The timeline varies depending on the court’s docket and whether the case is contested. Because no separation period is required, the divorce can be finalized more quickly than a no‑fault divorce, but contested issues over property or custody can extend the process. Once the complaint is filed and service completed, the court will set a hearing date. Contact us to discuss the timeline for your specific case.
Can a felony conviction affect child custody or property division in Fairfax?
Yes. A felony conviction, particularly for a violent crime or a crime involving dishonesty, can influence the trusted‑interests analysis for child custody. Under Virginia’s equitable‑distribution law, the circumstances experienced to the dissolution may be considered when dividing marital property. The court will weigh all relevant factors, and we work to protect your parental rights and financial interests throughout the proceeding.
What if the conviction is being appealed?
Even if the felony conviction is under appeal, it is treated as final for divorce‑ground purposes unless and until the appellate court reverses it. The trial court may stay equitable‑distribution or custody issues pending the appeal, but the divorce itself can move forward. We can advise you on the trusted strategy and whether to proceed while the appeal is pending.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
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Fairfax Location
4008 Williamsburg Court, Fairfax, VA 22032 | (703) 636‑5417
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