Felony Conviction Divorce Lawyer Stafford County, VA
Your spouse has been convicted of a felony and sentenced to more than a year in prison. You want to move forward with your life and end the marriage. Virginia law allows divorce based on your spouse’s felony conviction and imprisonment—without the lengthy separation period required for a no-fault divorce. If you are seeking a divorce in Stafford County, the Stafford County Circuit Court at 1300 Courthouse Road, Stafford, VA 22554 has jurisdiction. Law Offices Of SRIS, P.C. assists clients in felony conviction divorce cases. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce in Stafford County
When one spouse is incarcerated, filing for divorce raises procedural questions—how to serve the papers, whether the incarcerated spouse will participate, and how custody and property issues are resolved. Mr. Sris and his Of Counsel handle these matters in Stafford County Circuit Court. They begin by preparing and filing a Complaint for divorce, alleging the felony-conviction ground under Va. Code § 20-91. Because the ground is fault-based, no waiting period is required, and the case can move forward without the need for a six-month or one-year separation.
The firm coordinates service of the divorce papers on the incarcerated spouse through the legitimate means available—typically by personal service within the correctional facility or, if that is not feasible, by alternative court-approved method. If the incarcerated spouse does not respond, the divorce can proceed by default, though the court still requires a brief hearing to take evidence on the grounds and any contested issues. Mr. Sris and his Of Counsel appear in Stafford County Circuit Court to present the case and work to secure a final decree of divorce.
What to Expect When Filing for Divorce on Felony Conviction Grounds
Once the Complaint is filed, the court will schedule a hearing. Because the defendant is incarcerated, the timeline depends on the court’s calendar and the coordination of service and possibly the inmate’s appearance—by telephone or video link if the facility permits. If both parties agree on all terms, the uncontested divorce can be finalized in a single hearing. If there are contested issues—such as child custody, spousal support, or equitable distribution of property—the case may require additional hearings or a trial.
Custody of minor children is decided based on the best interests of the child under Va. Code § 20-124.3. The court may consider the incarcerated parent’s ability to exercise custody and visitation. Property division follows Virginia’s equitable-distribution rules under Va. Code § 20-107.3, and the court may order spousal support based on the statutory factors. An attorney can walk you through each stage so you understand what to expect at the Stafford County courthouse.
The Felony Conviction Ground for Divorce
Under Va. Code § 20-91, a spouse’s conviction of a felony resulting in a sentence of confinement for more than one year is a fault-based ground for divorce in Virginia.
Source: Va. Code § 20-91. Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
This fault ground is significant because it eliminates the mandatory separation period that applies to no-fault divorces. When you file on this ground, you are not required to prove that you and your spouse lived separate and apart for six months or a year. The felony itself—once the conviction and imprisonment are established—constitutes the ground. The court may also consider the circumstances of the felony when dividing marital property or awarding spousal support, as marital misconduct can be a factor under Virginia’s equitable-distribution statute. An experienced attorney can evaluate how the conviction may affect your financial outcome and help you navigate the proceeding in Stafford County Circuit Court.
About Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced family law since the firm’s founding in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary.
The firm’s Fairfax Location serves clients throughout Stafford County, including Stafford, Aquia Harbour, and Brooke. Mr. Sris and his Of Counsel appear in the Stafford County Circuit Court at 1300 Courthouse Road. To request a consultation, call (888) 437-7747.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based divorce ground that permits a spouse to file for divorce when the other spouse has been convicted of a felony and sentenced to confinement for more than one year. This ground is set out in Va. Code § 20-91 and does not require a separation period. Once you prove the conviction and sentence, the court may grant the divorce without waiting. The incarcerated spouse’s rights to contest custody or property issues remain, but the divorce itself can proceed on this ground.
Do I have to wait a full year to divorce my incarcerated spouse?
No—there is no waiting period for a divorce based on felony conviction and imprisonment. Unlike Virginia’s no-fault divorce ground, which requires living separate and apart for six months (if you have no minor children) or one year, the felony-conviction ground allows you to file immediately after the conviction and sentence. The divorce can move forward as soon as the paperwork is served and the court schedules a hearing. You do not need to wait for the incarceration to reach any length beyond the statutory minimum of more than one year.
How do I serve divorce papers on an inmate in Virginia?
Service on an incarcerated spouse is typically accomplished through personal service by a sheriff’s deputy or a private process server who is authorized to enter the correctional facility. If direct service is not possible, the court may allow alternative service—such as service by publication or by other means—under Virginia court rules. Because service rules are procedural and facility-specific, an attorney familiar with the Stafford County Circuit Court can handle the service process efficiently so your case is not delayed.
Will the court give custody to the incarcerated parent?
The court decides custody based on the best interests of the child; incarceration alone does not automatically strip a parent of custody rights. Under Va. Code § 20-124.3, the court weighs multiple factors. A parent’s incarceration may be considered, but the parent still retains the right to participate in the custody hearing—often by telephone or video link—and to present evidence. Unless the court finds it would be harmful to the child, some form of contact, such as supervised visitation after release, may be ordered.
How is property divided when my spouse is in prison?
Virginia is an equitable-distribution state, meaning marital property is divided fairly—not necessarily equally—based on a list of statutory factors. The fact of the conviction and incarceration may be considered as a factor by the court under Va. Code § 20-107.3. Property acquired before the marriage or by gift or inheritance normally remains separate property. An attorney can help identify and value marital assets and present arguments about how the distribution should reflect the circumstances of the marriage’s breakdown.
Virginia authority resources: Virginia Code Title 20 (Domestic Relations) | Stafford County Circuit Court | Virginia Courts
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