Under Va. Code § 20-91(3), a felony conviction with imprisonment for one year or more constitutes a fault ground for divorce in Virginia. Law Offices Of SRIS, P.C. — Advocacy Without Borders — has extensive criminal defense experience in Greene County, helping clients handle divorce after a felony conviction. The Greene County Circuit Court at 85 Stanard Street, Stanardsville, VA 22973 handles these matters.
Felony Conviction Divorce Lawyer in Greene County, Virginia
Virginia law under Va. Code § 20-91(3) provides that a felony conviction resulting in imprisonment for one year or more is a fault ground for divorce. This means that if your spouse has been convicted of a felony and incarcerated for at least one year, you may file for divorce without the standard separation period. The conviction must be final and the incarceration must have occurred. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience to clients in Greene County. A Felony Conviction Divorce Lawyer Greene County can help you understand how this statute applies to your specific situation.
Last verified: April 2026 | Greene County Circuit Court | Virginia General Assembly — official site
For official statutory text, see Va. Code § 20-91 (Virginia General Assembly — official site). For court information, visit Greene County Circuit Court (Virginia Courts — official site).
In Greene County Circuit Court, prosecutors and judges routinely scrutinize divorce filings based on felony conviction grounds. We have observed that the court requires certified copies of the conviction order and proof of incarceration to establish the ground.
- Obtain a certified copy of the felony conviction order from the sentencing court.
- Secure documentation showing the spouse was incarcerated for one year or more.
- File the divorce complaint at Greene County Circuit Court with the certified documents.
- Serve the incarcerated spouse through the correctional facility’s legal mail process.
- Attend the final hearing at Greene County Circuit Court for the divorce decree.
- Address any equitable distribution or custody issues separately through the court.
In Greene County, a divorce based on felony conviction under Va. Code § 20-91(3) carries specific legal consequences including property division, spousal support, and custody determinations.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony conviction divorce ground | Fault ground under Va. Code § 20-91(3) | 1+ year imprisonment required | N/A (divorce proceeding) | None directly | Equitable distribution, spousal support, custody determination |
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%. The firm, operating under the tagline “Advocacy Without Borders,” has extensive experience handling family law matters in Greene County, including divorce after felony conviction cases. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Law Offices Of SRIS, P.C. has 4 total documented case results in Greene County across all practice areas, with a favorable outcome in all reported instances. While specific family law case results in Greene County are limited, the firm has extensive criminal defense experience that informs felony conviction divorce proceedings. Results may vary.
Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ, with a 93%+ favorable outcome rate.
Our location in Fairfax is approximately 45 miles from Greene County Circuit Court at 85 Stanard Street, Stanardsville, VA 22973, with access via Route 29 and Route 33. If you need a divorce after felony lawyer Greene County, we are here to help. Serving the communities of Stanardsville and Ruckersville. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our Location: 4008 Williamsburg Court, Fairfax, VA 22032 | (703) 636-5417 | By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Greene County
How long does a divorce take in Greene County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Greene County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Greene 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. Under Va. Code § 20-91, a felony conviction ground allows filing without a separation period.
Uncontested divorces resolve in 2-6 months; contested divorces take 9-18 months in Greene County.
How much does a divorce cost in Greene County, Virginia?
The Circuit Court filing fee for 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. Cases are filed at Greene County Circuit Court under Va. Code § 20-91.
Filing fee is approximately $86 at Greene County Circuit 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). Greene County Circuit Court (85 Stanard Street, Stanardsville, VA 22973) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state, not community property.
How is child custody decided in Greene County, Virginia?
Custody in Greene 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. Greene County J&DR Court handles standalone custody. Greene County Circuit Court handles custody within divorce cases.
Custody 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 Greene County Circuit Court under Va. Code § 20-91.
Grounds include no-fault after separation or fault grounds like felony conviction under Va. Code § 20-91.
How does a Virginia lawyer defend against felony conviction divorce charges?
Defense strategies for felony conviction divorce in Virginia may include challenging the validity of the conviction, examining procedural compliance, negotiating with the opposing party, and presenting mitigating factors. An experienced criminal conviction divorce lawyer Greene County evaluates the specific facts under Va. Code § 20-91 to build the strongest possible defense.
A lawyer may challenge the conviction’s validity or negotiate a resolution 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. A divorce after felony lawyer Greene County can guide you through the process.
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 circumstances. Under Va. Code § 20-91, consequences may include equitable distribution of marital property, spousal support obligations, and custody determinations. Consult a Virginia family law attorney for case-specific guidance.
Consequences include property division, spousal support, and custody decisions under Va. Code § 20-91.
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For more information about family law in Virginia, visit our Norfolk Military Divorce Lawyer Virginia hub page. Explore other family law services in nearby areas: Family Law Lawyer Albemarle County and Family Law Lawyer Arlington County. For related practice areas in Greene County, see Business Purchase Lawyer Greene County and Marijuana Possession Lawyer Greene County.
Last verified: April 2026. This page was last updated on 2026-04-30.