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Felony Conviction Divorce Lawyer Fauquier County, VA |…

Felony Conviction Divorce Lawyer Fauquier County

In Fauquier County, Virginia, a felony conviction is a fault ground for divorce under Va. Code § 20-91, allowing you to file for divorce without a waiting period if your spouse has been imprisoned for one year or more. Law Offices Of SRIS, P.C.

Understanding Felony Conviction Divorce Under Virginia Law

Under Va. Code § 20-91, a felony conviction is one of several fault grounds for divorce in Virginia. If your spouse has been convicted of a felony and has been imprisoned for at least one year, you may file for divorce immediately — no separation period is required. This ground is distinct from no-fault divorce, which requires a 6-month or 1-year separation. The divorce is filed at Fauquier County Circuit Court, located at 6 Court Street, Warrenton, VA 20186. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.

Last verified: April 2026 | Fauquier 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 Fauquier County

In Fauquier County Circuit Court, prosecutors and judges are familiar with felony conviction divorce cases. We have observed that the court requires clear documentation of the felony conviction and imprisonment period. The process can be streamlined with proper preparation.

  1. Obtain a certified copy of the felony conviction judgment.
  2. Obtain proof of imprisonment for at least one year.
  3. File a complaint for divorce at Fauquier County Circuit Court.
  4. Serve the complaint on your spouse.
  5. Attend the final hearing with your corroborating witness.
  6. Receive the final divorce decree.

In Fauquier County, a divorce based on felony conviction carries no direct criminal penalties, but the divorce itself can have significant consequences for property division, spousal support, and child custody.

OffenseClassificationIncarcerationFineLicense ImpactAdditional Consequences
Felony Conviction (Ground for Divorce)Fault Ground1+ year imprisonment (required)N/A (divorce filing fee ~$86)NoneEquitable distribution of marital property; spousal support; child custody determination

Results may vary.

Why Choose Law Offices Of SRIS, P.C. for Your Fauquier County Divorce?

Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ 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. Our firm has a deep understanding of Fauquier County family law procedures and a track record of achieving favorable outcomes for clients.

Case Results in Fauquier County

Law Offices Of SRIS, P.C. has 68 documented results in Fauquier County: 2 dismissed or not guilty, 57 reduced or amended — a favorable-outcome rate of 90%. Results may vary. Firm-wide, we have 4,739+ documented results across VA, MD, DC, NY and NJ.

Our Location and Service Area

Our location in Fairfax is approximately 25 miles from Fauquier County Circuit Court, with access via I-66 and Route 29. We serve as a Felony Conviction Divorce Lawyer Fauquier County and a divorce after felony lawyer Fauquier County. Serving the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.

Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
(703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.

Frequently Asked Questions About Felony Conviction Divorce in Fauquier County

How long does a divorce take in Fauquier County, Virginia?

It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Fauquier County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Fauquier 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 divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution… High-asset or international-element cases can extend longer. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.

How much does a divorce cost in Fauquier 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 Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Fauquier County General District 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). Fauquier County Circuit Court (6 Court Street, Warrenton, VA 20186) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.

How is child custody decided in Fauquier County, Virginia?

Custody in Fauquier 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. Fauquier County J&DR Court handles standalone custody. Fauquier County Circuit Court handles custody within divorce cases. 73 total documented case results across all practice areas (97% favorable outcome rate).

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 Fauquier County Circuit Court. 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.

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.

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.

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.

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Last verified: April 2026

Attorney responsible for this advertising: Mr. Sris.

Case results depend on a variety of factors unique to each case.

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Attorney advertising. Prior results do not guarantee a similar outcome.

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