Felony Conviction Divorce Lawyer Alexandria, VA
If your spouse has been convicted of a felony and sentenced to more than one year in prison, Virginia law may allow you to file for an immediate, fault-based divorce without waiting through a lengthy separation period. The ground for divorce is set out in Va. Code § 20-91(3), and it can be a powerful option for ending a marriage when one party has been incarcerated for a serious crime. In Alexandria, Virginia, this type of divorce case is heard in the Alexandria Circuit Court, and having an experienced family law attorney guide you through the process can help protect your financial interests, custody rights, and future. Law Offices Of SRIS, P.C. Concentrates its practice on family law and represents clients in Alexandria and across Virginia. For a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding a Felony Conviction Divorce in Alexandria
A felony conviction divorce is a fault-based ground for absolute divorce in Virginia. It allows the innocent spouse to petition the court to end the marriage without having to prove the other fault grounds, such as adultery or cruelty, and without waiting for the statutory one-year or six-month separation period that applies to no-fault divorces. The key requirement is that the spouse must have been convicted of a felony and sentenced to confinement for more than one year — actual imprisonment is not necessary for the ground to be available; the sentence itself triggers the right to file.
Under Virginia Code § 20-91(3), a spouse’s sentencing to confinement for more than one year upon a felony conviction provides a fault ground for absolute divorce, and no waiting period is required.
Source: Va. Code § 20-91(3). Virginia Code § 20-91
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Divorce cases filed on this ground are handled in the Alexandria Circuit Court, located at 520 King Street, 2nd Floor, Alexandria, VA 22320. The court has exclusive original jurisdiction over all divorce matters in the City of Alexandria. While the ground for divorce is established by the conviction, the accompanying issues — equitable distribution of marital property, spousal support, child custody, and parenting time — must still be resolved. The court applies the same statutory frameworks to these matters as it would in any other contested divorce.
Frequently Asked Questions
What exactly is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based divorce ground that does not require a separation period. Under Virginia law, if one spouse has been convicted of a felony and sentenced to more than one year of confinement, the other spouse may seek an absolute divorce without having to live apart for any minimum time. The conviction itself is the fault, and the divorce can be pursued as soon as the sentencing occurs.
Does the convicted spouse need to have served the full sentence before I can file?
No, the divorce ground becomes available at the time of sentencing, not at the completion of the sentence. As long as the court has imposed a sentence of more than one year for a felony conviction, the innocent spouse may file. The statute does not require that the sentence be fully served or that the convicted spouse be currently incarcerated.
Can a felony conviction affect how property is divided in our Alexandria divorce?
The court may consider fault, including a felony conviction, when making an equitable distribution of marital property. Virginia uses equitable distribution under Va. Code § 20-107.3, which requires the judge to weigh 11 factors. One factor is the circumstances that contributed to the dissolution of the marriage. A felony conviction and associated misconduct can influence the court’s decision, though the division remains based on fairness, not a fixed formula. Results may vary.
Will the felony conviction impact child custody in Virginia?
A felony conviction, particularly for a violent or custody-related offense, can influence a custody determination because it is relevant to the child’s best interests. Virginia’s custody statute, Va. Code § 20-124.3, lists 10 factors the court must consider, including the mental and physical condition of each parent and any history of family abuse. A serious criminal record can weigh against an award of sole or joint custody. The outcome depends on the specific facts of the case.
Do I need to be separated from my spouse before filing a felony conviction divorce?
No, you do not need to be separated for any period before filing a divorce based on the felony conviction ground. Unlike Virginia’s no-fault divorce options, which require either a one-year separation (or six months with no minor children and a written separation agreement), the fault-based ground of a felony conviction has no waiting period. You may file as soon as the sentencing occurs.
How long does a divorce grounded on a felony conviction take in Alexandria?
The timeline for a felony conviction divorce in Alexandria varies depending on whether the case is contested, the court’s calendar, and the complexity of the issues to be resolved. An uncontested matter in which both parties agree on all terms can be finalized in a matter of months after filing. If the divorce is contested — particularly around property division, spousal support, or custody — the case can take significantly longer. For case-specific guidance, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Can the convicted spouse fight the divorce?
The convicted spouse can contest the divorce, but the conviction itself is typically sufficient to establish the ground. A final felony conviction and a sentence of more than one year are generally conclusive. The respondent may dispute the conviction’s validity only in limited circumstances, such as if the conviction has been overturned on appeal. Most disputes in these cases revolve around financial and custody issues, not the divorce ground itself.
What if the conviction is on appeal — can I still use it as a divorce ground?
Even if a felony conviction is under appeal, the trial court’s judgment may still support a fault-based divorce ground. Virginia courts recognize that a final judgment of conviction, unless stayed, remains operative for civil purposes while an appeal is pending. An experienced family law attorney can evaluate how the appeal’s status may affect your filing. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does a felony conviction divorce affect spousal support in Virginia?
A spouse’s felony conviction can influence a spousal support award because fault is one of the 13 factors the court considers under Va. Code § 20-107.1. The court evaluates the economic misconduct or dissipation of assets associated with the criminal activity, as well as the earning capacity of the convicted spouse during incarceration. The support amount and duration, if any, will depend on the specific financial circumstances of both parties.
Do I need an attorney to file a felony conviction divorce in Alexandria?
You are not legally required to have an attorney, but the process involves complex pleadings, service requirements, and interconnected property and custody issues that benefit from legal representation. An attorney experienced with Virginia divorce law can ensure proper filing in Alexandria Circuit Court, protect your rights during negotiations, and present your case effectively if the matter goes to trial.
What documents must I file to start a felony conviction divorce in Alexandria?
The primary document is a Complaint for Divorce filed in the Alexandria Circuit Court, along with a copy of the felony conviction and sentencing order. You will also need to complete a VS-4 statistical form, serve the complaint on the incarcerated spouse (following specific rules for service on an inmate), and potentially file a motion for pendente lite relief if temporary support or custody is needed during the case. The court clerk can provide the required forms, and our firm can assist with the drafting and filing process.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997. He is a former prosecutor who testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to divorce and family law matters throughout Virginia. The firm’s Of Counsel attorneys concentrate on family law, child custody, spousal support, and equitable distribution, and they appear regularly in Alexandria Circuit Court. Results may vary.
Related family law services: Fairfax County · Fairfax City · Falls Church · Prince William County · Manassas.
Virginia legal resources: Virginia Code § 20-91 · Alexandria Circuit Court.
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