Felony Conviction Divorce Lawyer Fairfax County, VA

A felony conviction can be a ground for divorce in Virginia, and the Fairfax County Circuit Court has exclusive jurisdiction over divorce proceedings. Under Virginia Code § 20-91, a spouse may seek a divorce when the other spouse has been convicted of a felony, sentenced to confinement for more than one year, and the parties have not resumed cohabitation after the conviction. Law Offices Of SRIS, P.C., founded in 1997, assists clients in Fairfax County and throughout Northern Virginia with fault-based divorce matters. Mr. Sris, Owner and Founder of the firm, and the firm’s Of Counsel attorneys bring experience in family law to matters involving incarceration, property division, and custody. The Fairfax County Circuit Court, located at 4110 Chain Bridge Road in Fairfax, hears all divorce, equitable distribution, and spousal support cases. Navigating a fault divorce requires careful attention to statutory requirements, service of process on an incarcerated spouse, and the impact of a felony record on parenting arrangements. To discuss your situation with an attorney, call Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Felony Conviction Divorce Means in Fairfax County

In Virginia, a divorce is not granted automatically when a spouse is convicted of a felony. The injured spouse must file a complaint in the Circuit Court and prove the statutory ground. Va. Code § 20-91 lists fault grounds including adultery, cruelty, desertion, and a felony conviction that results in a sentence of confinement of more than one year. The plaintiff must also establish that cohabitation did not resume after the conviction. This is a fault-based ground, which means the court may consider the conviction when dividing marital property under Virginia’s equitable distribution framework, Va. Code § 20-107.3. Because the Fairfax County Circuit Court handles all divorce matters, including equitable distribution and spousal support, the case will proceed in that court. Custody and visitation issues, however, may also be heard by the Fairfax County Juvenile and Domestic Relations District Court if they are raised in a separate or concurrent proceeding.

Fairfax County is a large and diverse jurisdiction, and its courts are accustomed to handling complex family law cases. The Circuit Court’s docket includes matters involving incarcerated individuals, and procedural rules address service of process on a spouse who is in state or federal custody. Filing a divorce complaint, serving the incarcerated spouse, and obtaining a final decree all require compliance with local court rules and Virginia statutes. Mr. Sris and the firm’s Of Counsel attorneys are familiar with the Fairfax County courthouse and the procedural expectations of the judges and clerks who process these matters. The firm’s Fairfax location is conveniently situated to serve clients in Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. While each case is different, a spouse seeking a felony-conviction divorce should not delay in seeking legal guidance, as statutory deadlines and court calendars may affect the timeline.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Felony Conviction Divorce Cases

When Law Offices Of SRIS, P.C. represents a client in a felony-conviction divorce, the legal team begins by reviewing the facts: the date of the felony conviction, the sentence imposed, and whether there has been any resumption of marital relations. If the statutory requirements are met, the firm prepares and files a complaint in the Fairfax County Circuit Court. The complaint must state the ground for divorce and include any requests for equitable distribution, spousal support, or attorney fees. If the incarcerated spouse is expected to default or cannot be located, the firm takes steps to effectuate service in a manner that satisfies the court, including service through the facility or, when necessary, by order of publication.

Once the case is filed, the firm’s attorneys work to advance the matter toward a final hearing. In an uncontested situation, the court may grant the divorce on the pleadings and corroborating evidence, such as a certified copy of the conviction order and testimony from the plaintiff or a corroborating witness. In a contested matter, the firm engages in discovery, motion practice, and trial preparation. Throughout the process, the firm focuses on achieving a fair division of marital assets and addressing any spousal support issues, while also safeguarding the client’s interests in custody and visitation if children are involved. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary. The firm does not charge for a consultation on divorce matters; call (888) 437-7747 to schedule an appointment.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he understands how criminal convictions intersect with family law matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised provisions of Virginia’s equitable distribution statute. The firm’s Of Counsel attorneys include practitioners who bring additional litigation experience and knowledge of Virginia court procedures. Together, Mr. Sris and the firm’s Of Counsel attorneys represent clients across Northern Virginia, including in family law cases filed in the Fairfax County Circuit Court. The collective experience of the legal team allows the firm to address both the divorce proceeding itself and the related issues that a felony conviction can trigger, such as property division concerns and custody disputes.

Frequently Asked Questions

What is a felony conviction divorce in Virginia?

A felony conviction divorce is a fault-based ground for divorce under Va. Code § 20-91 that allows a spouse to dissolve the marriage when the other spouse has been convicted of a felony and sentenced to confinement for more than one year. The statute requires that cohabitation did not resume after the conviction. Unlike a no-fault divorce, no separation period is necessary; the ground is based solely on the conviction and sentence. The divorce complaint must be filed in the Circuit Court, and the plaintiff must prove the conviction, the sentence, and the absence of post-conviction cohabitation. Because it is a fault ground, the conviction may be considered by the court when dividing marital property and determining spousal support.

How do I prove the felony conviction ground in Fairfax County?

Proving the ground typically requires a certified copy of the conviction order from the court that entered the felony judgment and evidence that the spouse was sentenced to confinement of more than one year. The plaintiff must also present testimony or an affidavit that the parties have not lived together as husband and wife after the conviction. A corroborating witness may be needed to support the plaintiff’s testimony. The Fairfax County Circuit Court will review the documentary evidence at the final hearing. An attorney can assist in obtaining the necessary records and preparing the case for presentation to the judge.

Can I file for divorce if my spouse is still incarcerated?

Yes, a spouse may file for divorce while the other spouse is still incarcerated, provided the felony conviction and sentence of more than one year have been imposed and cohabitation has not resumed. The divorce process does not require the incarcerated spouse to be released. If the incarcerated spouse cannot be personally served, the plaintiff may need to request alternative service through the facility’s legal coordinator or by court order. The case will proceed in the Fairfax County Circuit Court, and the final decree can be entered even if the defendant remains in custody.

Does a felony conviction affect child custody?

A felony conviction can affect custody decisions because Virginia courts must consider the best interests of the child, including any history of criminal activity or incarceration. A parent’s felony record may be weighed against their ability to provide a stable home environment and to maintain regular contact with the child. The court may order supervised visitation or limit parenting time if it finds that the conviction poses a risk to the child’s welfare. Custody matters are often heard in the Fairfax County Juvenile and Domestic Relations District Court, either as part of the divorce or in a separate action.

Do I need a lawyer for a felony conviction divorce?

While you are not required to hire an attorney, a fault-based divorce involving a felony conviction presents legal and procedural challenges that are most effectively navigated with experienced counsel. Serving an incarcerated spouse, proving the statutory ground, addressing property distribution, and protecting parental rights all require careful legal work. An attorney familiar with the Fairfax County Circuit Court can ensure the complaint is properly drafted, the evidence is admissible, and the final decree is enforceable. Law Offices Of SRIS, P.C. offers consultations by appointment; call (888) 437-7747 to discuss your case.

How do I schedule a consultation with a Fairfax County divorce lawyer?

To schedule a consultation, call Law Offices Of SRIS, P.C. at (888) 437-7747. Consultations are available by appointment at the firm’s Fairfax location. The firm represents clients in divorce, custody, support, and equitable distribution matters throughout Fairfax County and Northern Virginia. During the initial meeting, an attorney will review the facts of your situation, explain the legal process, and discuss how the firm can help you move forward. There is no fee for the initial consultation.

For additional information on family law representation in nearby counties, see:
Prince William County Family Law Lawyer |
Stafford County Family Law Lawyer |
Loudoun County Family Law Lawyer |
Arlington County Family Law Lawyer |
Fauquier County Family Law Lawyer

For the full text of Va. Code § 20-91, visit Virginia Code § 20-91. Information about Fairfax County Circuit Court is available at Fairfax County Circuit Court.

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