Felony Conviction Divorce Lawyer Roanoke County, VA
In Virginia, a spouse’s felony conviction and resulting incarceration can serve as a fault-based ground for divorce. Under Va. Code § 20-91(3), a divorce from bed and board or from the bond of matrimony may be granted when one spouse has been sentenced to confinement for more than one year for a felony, following conviction. Law Offices Of SRIS, P.C. represents individuals in Roanoke County whose marriage has been affected by a spouse’s felony conviction. Mr. Sris, Owner and Founder, has practiced family law since 1997 and appears in the Roanoke County Circuit Court at 305 East Main Street, Salem, VA 24153. For guidance on how a felony conviction divorce may proceed in your situation, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Felony Conviction Divorce Means in Roanoke County
Felony conviction divorce is a fault ground available under Virginia law. It permits a spouse to seek a divorce when the other spouse has been convicted of a felony, sentenced to confinement for more than one year, and is actually confined. Unlike no-fault divorce, which requires a period of separation, a divorce based on conviction and confinement does not have a mandatory waiting period once the ground is established. The court’s primary considerations are the fact of the felony conviction, the length of the sentence imposed, and the confinement status of the incarcerated spouse.
In Roanoke County, all divorce matters—including those filed on the ground of a spouse’s felony conviction—are heard in the Roanoke County Circuit Court. Ancillary issues such as custody, visitation, and child support that arise outside the divorce complaint may be directed to the Roanoke County Juvenile and Domestic Relations District Court. The firm is familiar with local filing practices, the expectations of the judicial assistant staff, and the customary hearing schedules in the Twenty-third Judicial District. Mr. Sris and his Of Counsel regularly appear in these courts on behalf of clients seeking a divorce from an incarcerated spouse. Our Shenandoah/Woodstock Location serves the County; consultations are by appointment.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When a client pursues a divorce based on a spouse’s felony conviction, we begin by evaluating the evidence of the conviction and confinement. Virginia law requires proof that the spouse has been convicted of a felony and sentenced to more than one year of confinement, and that the spouse remains incarcerated. We gather certified records of the conviction, sentencing orders, and institutional records to build the factual predicate for the Complaint. Once the ground is pleaded, the court may proceed to grant the divorce without a lengthy separation period.
Because the incarcerated spouse retains certain rights and may contest the divorce, we also address service of process, potential responsive pleadings, and any requests for appointment of a guardian ad litem. Property division, spousal support, and child custody still require adjudication, and we approach those issues with the same thoroughness as any contested family law matter. Mr. Sris and his Of Counsel draw on over 120 years of combined legal experience and over 4,739 documented firm-wide results. Results may vary. Our collective experience informs the preparation of equitable distribution proposals, support calculations, and parenting arrangements that account for the unique circumstances of a felony conviction divorce.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings a depth of courtroom experience to family law matters, including divorces grounded in a spouse’s felony conviction. Mr. Sris has personally appeared in the Roanoke County Circuit Court on behalf of clients throughout the Shenandoah Valley and beyond. In 2019, he testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
All other attorneys at the firm serve as Of Counsel, a term reflecting their non-employee engagement through Excella. These experienced lawyers collaborate with Mr. Sris on cases across the firm’s family law practice. Collectively, the team handles the procedural demands of a felony conviction divorce—from initial filing through final decree—with attention to the collateral consequences that may affect the children, the distribution of marital property, and post-divorce obligations. Clients benefit from the firm’s familiarity with the judicial officers and local practices in Roanoke County.
Frequently Asked Questions
Can I divorce my spouse in Virginia if they are in prison for a felony?
Yes, a felony conviction with a sentence of more than one year is a fault ground for divorce under Va. Code § 20-91(3). The ground requires that the spouse has been convicted of a felony and is actually confined. You must provide proof of the conviction, the length of the sentence, and the fact of confinement. A divorce can proceed once those facts are established, without waiting for the full sentence to be served. The Roanoke County Circuit Court has jurisdiction. Mr. Sris and his Of Counsel can assist you in gathering the necessary records and presenting the case to the court.
Do I need a lawyer for a felony conviction divorce in Roanoke County?
You are not legally required to hire a lawyer, but an experienced attorney can help you navigate the evidentiary requirements and procedural steps. Fault-based grounds raise unique issues, such as service on an incarcerated spouse, potential challenges from the incarcerated party, and the interplay of criminal disposition with custody and property division. An attorney who regularly appears in the Roanoke County Circuit Court understands local filing practices. Law Offices Of SRIS, P.C. offers consultation by appointment at (888) 437-7747.
How does a felony conviction divorce differ from a no-fault divorce in Virginia?
A felony conviction divorce does not require a mandatory separation period, while a no-fault divorce requires either six months or one year of separation. A no-fault divorce also requires either a signed property settlement agreement for the shorter six-month period or no minor children. By contrast, a divorce on the ground of conviction and confinement can be granted as soon as the ground is pleaded and proven, without waiting. The timing and procedural posture are the main differences. The court still addresses property division, support, and custody.
How is child custody handled when one parent is incarcerated?
Virginia courts resolve custody based on the best interests of the child, and an incarcerated parent’s inability to provide daily care is a significant factor. The court reviews the ten statutory factors under Va. Code § 20-124.3. The absence of a parent due to incarceration will influence the custody determination and the structure of a parenting plan. The Roanoke County Juvenile and Domestic Relations District Court may handle custody matters separately if the divorce is pending in Circuit Court. We help parents present a realistic plan that protects the child’s wellbeing.
What happens to marital property in a felony conviction divorce?
Virginia applies equitable distribution, dividing marital property fairly but not necessarily equally. The fact of a felony conviction is not an automatic determinant of property division. The court considers factors like the length of the marriage, each spouse’s contributions, and the circumstances experienced to the dissolution. The incarceration may affect the division indirectly—for example, the availability of assets to satisfy a monetary award. We advise clients on strategies to secure their share of the marital estate.
How do I start a felony conviction divorce case in Roanoke County?
To begin, you file a Complaint for Divorce in the Roanoke County Circuit Court and arrange for service on the incarcerated spouse. The Complaint must plead the specific fault ground under Va. Code § 20-91(3) and attach proof of conviction, sentence, and confinement. Service on an inmate must comply with applicable rules; alternative service may be required in some cases. The court may set a pendente lite hearing for temporary support or custody. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss how we can assist you from filing through final decree.
Related family law pages for nearby localities: Fairfax County Family Law · Prince William County Family Law · Manassas Family Law · Falls Church Family Law
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