Felony Conviction Divorce Lawyer in Augusta County, Virginia
If you are seeking a divorce in Augusta County based on a spouse’s felony conviction, Virginia law under Va. Code § 20-91 allows divorce on fault grounds when the spouse has been convicted of a felony and imprisoned for one year or more. Law Offices Of SRIS, P.C.
Understanding Felony Conviction as Grounds for Divorce in Virginia
Under Virginia law, a felony conviction can serve as a fault-based ground for divorce. Specifically, Va. Code § 20-91(3) provides that a divorce may be granted if one spouse has been convicted of a felony and has been confined in a state or federal correctional institution for at least one year. This ground does not require a separation period, unlike no-fault divorces. The conviction must be final, and the imprisonment must be continuous for the statutory period. 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 you handle this complex area of family law.
Last verified: April 2026 | Augusta County Circuit Court | Virginia General Assembly — official site
Official Legal References
For the full text of the divorce statute, see Va. Code § 20-91 (Virginia General Assembly — official site). For information on equitable distribution, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
Local Procedural Insights for Augusta County
In Augusta County Circuit Court, prosecutors and family court judges routinely scrutinize felony conviction divorce cases for proof of the conviction and the duration of imprisonment. We have observed that the court requires certified copies of the conviction record and documentation of the incarceration period.
- Obtain certified copies of the felony conviction from the sentencing court.
- Gather documentation from the correctional facility showing the dates of confinement.
- File a complaint for divorce at Augusta County Circuit Court, 6 East Johnson Street, 2nd Floor, Staunton, VA 24401.
- Serve the incarcerated spouse through the sheriff’s department or a private process server.
- Attend the final hearing to present evidence and obtain the divorce decree.
- Address related issues such as child custody, support, and property division simultaneously.
Legal Consequences and Timelines for Felony Conviction Divorce
In Augusta County, a divorce based on felony conviction under Va. Code § 20-91(3) does not carry a criminal penalty but affects marital rights, property division, and custody arrangements.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault-based divorce ground | 1+ year imprisonment required | N/A (civil matter) | None directly | Affects equitable distribution, spousal support, and custody |
| No-Fault Divorce (Alternative) | No-fault ground | 6-month or 1-year separation | Filing fee ~$86 | None | Requires separation agreement if minor children |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Felony Conviction Divorce
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%. Our firm, “Advocacy Without Borders,” is committed to providing you with dedicated representation in Augusta County family law matters. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce, demonstrating our deep involvement in Virginia family law.
Your Legal Team
Our Track Record in Augusta County
Law Offices Of SRIS, P.C. has 13 documented case results in Augusta County: 0 dismissed or not guilty, 13 reduced or amended — a favorable outcome in all reported instances. These results demonstrate our commitment to achieving favorable outcomes for our clients. Results may vary. Firm-wide, we have 4,739+ documented results across VA, MD, DC, NY and NJ.
Conveniently Located to Serve Augusta County
Our location in Woodstock is approximately 50 miles from Augusta County Circuit Court, with access via I-81 and Route 11. We serve as a Felony Conviction Divorce Lawyer near Augusta County, providing representation for clients throughout the Shenandoah Valley.
Serving the communities of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our Location: 505 N Main St, Suite 103, Woodstock, VA 22664 | (888) 437-7747 | By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Augusta County
How long does a divorce take in Augusta County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Augusta County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Augusta 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 divorces in Augusta County typically take 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Augusta County, Virginia?
The Circuit Court filing fee for a divorce complaint is 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. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases are filed at Augusta County Circuit Court.
The filing fee for a divorce in Augusta County is approximately $86, plus additional costs for service and mediation.
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). Augusta 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 Augusta County, Virginia?
Custody in Augusta 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. Augusta County J&DR Court handles standalone custody. Augusta County Circuit Court handles custody within divorce cases.
Child custody in Augusta 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 Augusta County Circuit Court.
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 Virginia lawyer may challenge evidence and negotiate to defend against felony conviction divorce charges.
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 if facing felony conviction divorce charges in Virginia.
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 for felony conviction divorce in Virginia may include fines, jail time, or probation under Va. Code § 20-91.
Related Legal Resources
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Last verified: April 2026
By appointment only.