Felony Conviction Divorce Lawyer Fauquier County, VA
If your spouse has been convicted of a felony and sentenced to imprisonment for more than one year, Virginia law provides you a fault-based ground for divorce. Law Offices Of SRIS, P.C. represents spouses in Fauquier County who are seeking to end a marriage on this basis. Our firm handles the preparation and filing of the divorce complaint in the Fauquier County Circuit Court, located at 6 Court Street in Warrenton, and guides clients through the statutory requirements and procedural steps unique to a felony‑conviction divorce. Whether you are pursuing an amicable resolution or your matter involves contested issues of property, custody, or support, our attorneys work to advance your interests while giving you clear, straightforward counsel about what the process entails. To discuss your circumstances, reach 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 Fauquier County
Under Va. Code § 20‑91, a spouse may obtain an absolute divorce when the other spouse has been convicted of a felony and sentenced to confinement for more than one year. This fault ground does not require a separation period; the divorce proceeding may begin as soon as the conviction and sentencing are final. The divorce action must be filed in the Circuit Court — in Fauquier County, that is the Fauquier County Circuit Court at 6 Court Street, Warrenton, Virginia 20186. The same court handles equitable distribution of marital property and spousal support. If there are minor children, the Fauquier County Juvenile and Domestic Relations District Court may address standalone custody and child support matters, while issues raised within the divorce are resolved in the Circuit Court.
Pursuing a divorce on the felony‑conviction ground requires that the petitioner present evidence of the conviction and the length of the incarceration. The court will also consider all other aspects of the dissolution, including the division of marital and separate property under Virginia’s equitable‑distribution framework (Va. Code § 20‑107.3), any necessary pendente lite relief for temporary support or use of the family home, and the trusted‑interests factors for child custody. Because the incarcerated spouse may not be able to participate in the proceeding in the usual way, service of process and the scheduling of hearings follow procedures that accommodate the situation. Our firm has experience managing these logistical and legal challenges and works to move the matter forward efficiently.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When you consult us about a felony‑conviction divorce, we begin by gathering the conviction records and verifying that the statutory requirements are met. We prepare the complaint, which sets out the ground for divorce, and file it with the Fauquier County Circuit Court. If immediate financial or custodial relief is needed, we may request pendente lite orders. Throughout the case, we communicate with you about the status of the matter, respond to any motions filed by the other side, and advocate for a fair resolution of property, support, and parenting issues.
Because every family’s situation is different, our approach is tailored to the specifics of your case. We assist with identifying marital and separate property, valuing assets, and addressing any special circumstances — such as businesses, retirement accounts, or real property — that may need to be divided. Mr. Sris and his Of Counsel are also familiar with the local procedures and expectations of the Fauquier County courts, and we can anticipate the practical issues that frequently arise when one spouse is incarcerated. From initial filing through final decree, we focus on bringing the matter to a timely and well‑supported conclusion.
About Mr. Sris and His Of Counsel Team
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 brings an informed perspective to every case. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His deep familiarity with Virginia family law, including the equitable‑distribution statute and the fault‑based grounds for divorce, is a resource available to clients in Fauquier County. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What are the grounds for a felony conviction divorce in Virginia?
A spouse’s felony conviction and sentence of more than one year of imprisonment is a fault ground for divorce under Va. Code § 20‑91. The non‑incarcerated spouse may file for divorce without a waiting period once the conviction and sentence are final. This ground does not require a separation period. The divorce is heard in the Circuit Court, and the petitioner must present evidence of the conviction and incarceration. Additional issues such as equitable distribution, spousal support, and child custody are resolved in the same proceeding.
How long does a felony conviction divorce take in Fauquier County?
The timeline for a felony conviction divorce depends on the court’s calendar, the complexity of the issues, and whether the case is contested. If the divorce is uncontested and all matters are resolved by agreement, it can be concluded in a few months after filing. Contested matters involving property valuation, support, or custody typically take longer. Our firm handles every aspect of the case to move it forward efficiently while protecting your rights.
Can I still get a divorce if my spouse is incarcerated and cannot appear in court?
Yes, the divorce can proceed even if the incarcerated spouse cannot be physically present. Virginia law allows for alternative means of participation, including written responses and, in some cases, video conferencing. Service of process is made according to the rules for incarcerated persons. The court may also take testimony from witnesses and review documentary evidence. Our attorneys manage these procedural details to ensure the matter advances properly.
How is property divided in a felony conviction divorce?
Virginia follows equitable distribution, meaning marital property is divided fairly but not necessarily equally. The court considers the factors in Va. Code § 20‑107.3, including each spouse’s contributions, the duration of the marriage, and the circumstances that led to the divorce. Separate property — assets owned before the marriage or acquired by gift or inheritance — is typically retained by the owning spouse. Our firm helps identify, value, and classify all property to pursue a distribution that reflects your contributions and needs.
Will the felony conviction affect child custody?
A parent’s felony conviction and incarceration are relevant to the court’s best‑interests determination but do not automatically bar custody or visitation. The judge considers the ten statutory factors under Va. Code § 20‑124.3, including each parent’s health, ability to care for the child, and the child’s relationship with each parent. A history of violence or abuse carries significant weight. Our attorneys present the facts thoroughly and advocate for parenting arrangements that serve the child’s safety and well‑being.
Do I need a lawyer to file for a felony conviction divorce in Fauquier County?
You are not legally required to hire a lawyer, but a fault‑based divorce involving incarceration raises unique procedural and evidentiary issues that benefit from experienced legal counsel. An attorney can help you gather the necessary court records, properly plead the ground, address service challenges, and protect your interests in property and custody matters. For a consultation about your case, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Related pages: Fairfax County Family Law · Prince William County Family Law · Stafford County Family Law · Loudoun County Family Law · Arlington County Family Law
Virginia legal resources: Va. Code § 20‑91 — Divorce Grounds · Fauquier County Circuit Court
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Case results depend on a variety of factors unique to each case.