Felony Conviction Divorce Lawyer Alexandria, VA

When a spouse is convicted of a felony and sentenced to confinement of more than one year, Virginia law provides a fault-based ground for divorce under Va. Code § 20-91(3). This ground allows the other spouse to file for divorce without the typical separation waiting period required in no-fault cases. Individuals in Alexandria, Old Town, Del Ray, and Kingstowne who are facing this situation seek a family law attorney who can navigate the intersection of criminal and divorce law while protecting parental rights, property interests, and spousal support. Mr. Sris and the firm’s Of Counsel attorneys represent clients in Alexandria family law matters, including divorces based on felony conviction. Schedule a consultation at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

On this page

Felony Conviction Divorce in Alexandria, Virginia

Under Virginia Code § 20-91, a spouse may file for divorce from the bond of matrimony when the other spouse has been convicted of a felony, sentenced to confinement for more than one year, and that confinement has actually begun. The conviction must have occurred after the marriage; a pre-marital conviction does not qualify. The petitioning spouse is not required to prove fault beyond the conviction itself, and no period of separation is needed once the statutory conditions are met. This makes the felony-conviction ground a direct path to divorce, bypassing the six-month or one-year separation requirements that apply to no-fault divorces.

Alexandria family law matters involving a felony conviction are filed in the Alexandria Circuit Court, which has exclusive original jurisdiction over all Virginia divorce cases. The Circuit Court also handles equitable distribution of marital property, spousal support, and, when raised alongside the divorce, child custody and visitation. If a protective order or standalone custody or support petition is needed, the Alexandria Juvenile and Domestic Relations District Court is the appropriate forum. Mr. Sris and the firm’s Of Counsel attorneys are familiar with both courts and with the local procedural practices that affect how these cases move forward.

How Mr. Sris and the Firm’s Of Counsel Attorneys Approach Felony Conviction Divorces

A divorce based on a spouse’s felony conviction raises practical challenges beyond the fault ground itself. The incarcerated spouse’s ability to participate in court proceedings, property division, and custody decisions must be addressed. Mr. Sris and the firm’s Of Counsel attorneys work to advance the client’s position whether they are the filing spouse or the convicted spouse. For the filing spouse, the focus is on efficient resolution—obtaining the divorce, securing an equitable share of marital assets, and arranging custody and support orders that account for the other parent’s incarceration. For the convicted spouse, protecting residual parental rights and ensuring a fair division of property are typically the central concerns.

The firm handles all related family law issues that arise in these cases, including equitable distribution under Va. Code § 20-107.3, spousal support under § 20-107.1, child custody analysis under the trusted-interests-of-the-child factors in § 20-124.3, and child support guidelines. Because the convicted spouse may be unable to attend hearings in person, the firm manages appearances by video or other court-authorized means when available and addresses service-of-process and notice requirements with the court. Every case is managed to move forward on the client’s timeline while preserving all legal rights.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since founding the firm in 1997. A former prosecutor, he brings an understanding of criminal procedures that is directly relevant to divorce cases involving a felony conviction. The firm’s Of Counsel attorneys add collective experience in family law litigation, property division, and custody disputes. Together, Mr. Sris and the firm’s Of Counsel attorneys represent clients in Alexandria and across Virginia.

The firm is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, but family law matters in Alexandria are handled by attorneys admitted to the Virginia bar. Clients can schedule a consultation by calling (888) 437-7747. The firm’s Arlington location serves Alexandria-area clients; all meetings are by appointment only.

Frequently Asked Questions

Can I get a divorce in Virginia if my spouse is in prison for a felony?

Yes, Virginia law allows a spouse to file for divorce based on the other spouse’s felony conviction and confinement of more than one year, without requiring a separation period. The ground is stated in Va. Code § 20-91(3). The filing spouse must show that the convicted spouse was sentenced to confinement for more than one year and that the confinement has begun. The divorce can proceed even while the spouse is incarcerated. The Alexandria Circuit Court has jurisdiction over the divorce, and related custody or support matters may be heard in the Alexandria Juvenile and Domestic Relations District Court. It is important to discuss service of process and participation arrangements with an attorney familiar with local court practice.

What is the difference between a fault divorce based on felony conviction and a no-fault divorce in Virginia?

A fault divorce based on felony conviction does not require the one-year or six-month separation period that a no-fault divorce does. In a no-fault divorce under Va. Code § 20-91(9), the parties must live separate and apart for one year, or six months if they have a signed separation agreement and no minor children. A felony-conviction divorce is a fault ground, so the filing spouse can ask the court to grant the divorce once the statutory requirements are met, without waiting any additional period. Fault may also influence spousal support and property division, though Virginia is an equitable distribution state and the court considers a range of factors.

Does a felony conviction automatically affect child custody in Alexandria, Virginia?

A felony conviction does not automatically terminate parental rights, but the court will consider the conviction and incarceration when determining the best interests of the child. Alexandria courts apply the ten factors in Va. Code § 20-124.3. A parent’s incarceration is a relevant circumstance the court weighs. The court may award sole legal and physical custody to the non-incarcerated parent or order supervised visitation when the parent is released. Each custody determination is fact-specific, and an attorney can help present evidence regarding the child’s relationship with each parent.

How is property divided in a Virginia divorce when one spouse is in prison?

Virginia law follows equitable distribution, meaning marital property is divided fairly but not necessarily equally, based on the factors in Va. Code § 20-107.3. The court considers each spouse’s contributions, the duration of the marriage, the circumstances experienced to dissolution, and other statutory factors. A spouse’s incarceration may affect earning capacity and contributions, but it does not automatically forfeit that spouse’s share of marital property. The convicted spouse’s participation in the property division phase can be arranged through video appearances or through counsel. The Alexandria Circuit Court handles all property division matters in the divorce.

What should I do if I want to file for divorce based on my spouse’s felony conviction in Alexandria?

You should consult an experienced family law attorney who can explain the requirements, prepare the complaint, and address custody, support, and property division. The attorney can confirm that the conviction meets the statutory threshold, assist with filing the complaint in the Alexandria Circuit Court, and handle all procedural steps, including service of process on the incarcerated spouse. The attorney can also pursue pendente lite relief if temporary custody or support orders are needed while the divorce is pending. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation.

Virginia Primary Sources
Virginia Code Title 20 (Domestic Relations) |
Virginia Judicial System

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Engaging Law Offices Of SRIS, P.C. Requires a signed engagement agreement. © 1997–2026 Law Offices Of SRIS, P.C.

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