In Arlington County, Virginia, a felony conviction with imprisonment for one year or more constitutes a fault ground for divorce under Va. Code § 20-91(3). Law Offices Of SRIS, P.C. has 115 documented results in Arlington County, including 22 dismissals and 93 reductions, demonstrating a strong track record in family law matters. A Felony Conviction Divorce Lawyer Arlington County can guide you through this process.
Felony Conviction Divorce Lawyer in Arlington County, Virginia
Under Virginia law, a felony conviction with imprisonment for one year or more is a recognized fault ground for divorce under Va. Code § 20-91(3). This means that if your spouse has been convicted of a felony and is serving a sentence of at least one year, you may file for divorce without waiting for the standard separation period. The conviction must be final, and the imprisonment must be ongoing or completed. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience to help clients handle these complex family law matters. A Felony Conviction Divorce Lawyer Arlington County understands the nuances of this statute and can help you file at Arlington County Circuit Court.
Last verified: April 2026 | Arlington County Circuit Court | Virginia General Assembly — official site
For more information, see Va. Code § 20-91 (Virginia General Assembly — official site) and Arlington County Circuit Court (Virginia Courts — official site).
In Arlington County Circuit Court, prosecutors and family court judges routinely require corroborating evidence of the felony conviction, such as certified court records or prison documentation. We have observed that failing to provide this evidence at the initial hearing can delay the divorce process by several months.
- Obtain certified copies of the felony conviction judgment from the court where the conviction occurred.
- Request documentation of imprisonment from the correctional facility, including start and end dates.
- File a complaint for divorce on fault grounds at Arlington County Circuit Court, located at 1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201.
- Serve the incarcerated spouse with the divorce complaint through the sheriff’s department or a private process server.
- Attend the hearing and present your evidence to the judge.
- Obtain the final divorce decree, which may also address equitable distribution, spousal support, and custody.
In Arlington County, a divorce on felony conviction grounds under Va. Code § 20-91(3) allows you to bypass the standard separation period, but the process involves specific legal steps and court appearances at Arlington County Circuit Court.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (1+ year imprisonment) | Fault Ground for Divorce | 1+ year imprisonment (required for ground) | N/A (divorce proceeding costs apply) | N/A | Equitable distribution of marital property; spousal support; child custody and support determinations |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. 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. This depth of experience ensures that your case is handled with the highest level of knowledge and strategic insight. A Felony Conviction Divorce Lawyer Arlington County from our firm can provide the representation you need.
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. These results span multiple practice areas, including family law, traffic, and criminal defense. Results may vary.
Our location in Arlington is 0.5 miles from Arlington County Circuit Court, with access via I-395 and US-50. We serve as a Felony Conviction Divorce Lawyer near Arlington County. 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. A Felony Conviction Divorce Lawyer Arlington County can provide a timeline specific to your case under Va. Code § 20-91.
Uncontested divorces in Arlington County typically take 2-6 months; contested divorces take 9-18 months.
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. Cases filed at Arlington County General District Court. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3).
The filing fee for divorce in Arlington County Circuit Court 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). Arlington County Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state, not a community property state.
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.
Child custody in Arlington County 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 Arlington County Circuit Court. A divorce after felony lawyer Arlington County can help you file on these grounds.
Virginia allows no-fault divorce after 6-month or 1-year separation, and fault grounds including 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. A criminal conviction divorce lawyer Arlington County can assess your situation.
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 documents.
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.
Penalties vary under Va. Code § 20-91; consult an attorney for case-specific guidance.
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Page last updated: 2026-04-30. Legal references verified as of 2026-02-15.
Attorney responsible for this advertising: Mr. Sris.