In Lexington, Virginia, a felony conviction can serve as grounds for divorce under Va. Code § 20-91, allowing a spouse to file for divorce if the other spouse has been convicted of a felony and imprisoned for one year or more. Law Offices Of SRIS, P.C.
Felony Conviction Divorce Lawyer in Lexington, Virginia
Under Virginia law, a felony conviction can be a fault-based ground for divorce. Va. Code § 20-91(3) provides that a divorce may be granted when a spouse has been convicted of a felony and has been imprisoned for one year or more. This ground does not require a waiting period, unlike no-fault divorces which require 6-month or 1-year separation. The divorce is filed at Lexington Circuit Court, located at 2 South Main Street, Lexington, VA 24450. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience to every case.
Last verified: April 2026 | Lexington Circuit Court | Virginia General Assembly — official site
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).
In Lexington Circuit Court, judges routinely require corroborating witnesses for uncontested divorces, even when both parties agree on all terms. This local procedural requirement often catches self-represented litigants off guard.
- Determine if you have grounds for divorce under Va. Code § 20-91, including felony conviction with 1+ year imprisonment.
- Gather all relevant documents: marriage certificate, separation agreement, financial records, and evidence of the felony conviction.
- File a complaint for divorce at Lexington Circuit Court, 2 South Main Street, Lexington, VA 24450.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend the final hearing with a corroborating witness to testify to the grounds for divorce.
- Obtain the final decree of divorce from the court.
In Lexington, Virginia, divorce based on felony conviction carries no direct criminal penalties, but the financial and custodial consequences can be significant under Va. Code § 20-91 and related statutes.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault-based ground under Va. Code § 20-91(3) | 1+ year imprisonment required | N/A (criminal penalty already imposed) | N/A | May affect spousal support, property division, and custody determinations |
| No-Fault Divorce (6-month separation) | No-fault ground under Va. Code § 20-91(9) | N/A | Filing fee: ~$86 | N/A | Requires signed separation agreement if minor children |
| No-Fault Divorce (1-year separation) | No-fault ground under Va. Code § 20-91(9) | N/A | Filing fee: ~$86 | N/A | Required if minor children and no signed agreement |
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%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. This unique legislative credential sets the firm apart from any other family law practice in the state.
Law Offices Of SRIS, P.C. has 14 documented case results in Lexington City: 1 dismissed or not guilty, 12 reduced or amended, 0 deferred — a favorable outcome in all reported instances. 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 Woodstock, VA is approximately 60 miles from Lexington Circuit Court, with access via I-81 and Route 11. If you are searching for a Felony Conviction Divorce Lawyer Lexington or a divorce after felony lawyer Lexington, we serve the communities of Lexington, Buena Vista border, and Rockbridge County surrounds. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St, Suite 103, Woodstock, VA 22664
(888) 437-7747
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Lexington, Virginia
How long does a divorce take in Lexington (City), Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Lexington (City) Juvenile & Domestic Relations District Court (custody/support/protective orders) and Lexington (City) 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 with business valuation or retirement assets: 12-24 months. 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 Lexington, 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 Lexington 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). Lexington Circuit Court (2 South Main Street, Lexington, VA 24450) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Lexington, Virginia?
Custody in Lexington 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. Lexington J&DR Court handles standalone custody. Lexington Circuit Court handles custody within divorce cases. 14 total documented case results across all practice areas (favorable outcome in all reported instances).
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 Lexington 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.
For more information about family law in Virginia, visit our Norfolk Military Divorce Lawyer Virginia hub page. You may also find these pages useful: Family Law Lawyer Albemarle County, Family Law Lawyer Arlington County, and Business Formation Lawyer Lexington.
Last updated: 2026-04-30. This page is regularly reviewed for accuracy. Case results depend on a variety of factors unique to each case.