Felony Conviction Divorce Lawyer Arlington County, VA

When a spouse has been convicted of a felony and sentenced to confinement for more than one year, Virginia law provides the other spouse with a fault-based ground for divorce. Under Va. Code § 20-91(3), a marriage may be dissolved without the waiting period required for no-fault separations. In Arlington County, divorce actions are heard in the Arlington County Circuit Court, located at 1425 N. Courthouse Rd. The court’s docket in felony-conviction divorce matters involves both the final dissolution and associated issues of equitable distribution, spousal support, and, when applicable, child custody and parenting time. Mr. Sris and the firm’s Of Counsel attorneys represent clients pursuing divorce on this ground in Arlington County and throughout Northern Virginia. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What a Felony Conviction Divorce Means in Arlington County, Virginia

A felony conviction divorce is a distinct category of fault-based divorce in Virginia. Unlike no-fault divorces, which require either a six-month separation with a signed agreement and no minor children or a one-year separation, a divorce grounded in a spouse’s felony conviction and incarceration does not require a separation period. The filing party must plead and prove that the other spouse has been convicted of a felony and sentenced to confinement for more than one year, and that the confinement has followed the conviction. The court does not require that the spouse still be incarcerated at the time of the divorce, but the sentence imposed must have been for more than one year. Arlington County Circuit Court has exclusive original jurisdiction over divorce suits. The process begins with the filing of a Complaint for divorce, which must set forth the ground of felony conviction along with supporting documentation such as a certified copy of the conviction order.

In Arlington County, all divorce and equitable distribution matters are heard in the Circuit Court. Related issues such as child custody, visitation, and child support are heard in the Arlington County Juvenile and Domestic Relations District Court unless they are part of a pending divorce case, in which case the Circuit Court may also decide those issues. When children are involved, the court’s custody determination is governed by the best interests of the child under Va. Code § 20-124.3. The felony conviction ground itself may also be relevant to custody if the conviction relates to abuse or neglect. Mr. Sris and the firm’s Of Counsel attorneys are experienced in handling family law matters in the Arlington County court system and can explain how the statutory framework applies in your circumstances.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Felony Conviction Divorce Cases

Mr. Sris, a former prosecutor, brings insight into the criminal-justice dimension of these cases, while the firm’s Of Counsel attorneys provide experience in family law litigation and negotiation. The firm’s approach is to work toward a thorough resolution of all issues arising from the divorce: dissolution of the marriage, classification and equitable distribution of marital property, spousal support if appropriate, and, when children are involved, custody and support arrangements. The firm’s attorneys communicate with the incarcerated spouse or that spouse’s counsel, arrange for proper service of process, and present the necessary evidence to the court to establish the felony conviction ground. Because the conviction itself is a matter of public record, establishing the ground is often straightforward; the more complex issues typically involve property division and any custody disputes. Mr. Sris and the firm’s Of Counsel attorneys work to achieve favorable outcomes for their clients while ensuring the process proceeds as efficiently as the court’s calendar allows.

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

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C., which has been practicing since 1997. A former prosecutor, he leads the firm’s family law practice across 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). The firm’s Of Counsel attorneys include practitioners with backgrounds in prosecution, law enforcement, and complex family-law litigation. Together, Mr. Sris and his Of Counsel bring extensive combined legal experience to divorce and family law matters. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747. Results may vary.

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

Frequently Asked Questions About Felony Conviction Divorce in Arlington County

What is a felony conviction divorce in Virginia?

A felony conviction divorce is a fault-based divorce available when one spouse has been convicted of a felony and sentenced to confinement for more than one year under Va. Code § 20-91(3). The divorce may be granted without the separation period required for no-fault divorces. The filing spouse must present evidence of the conviction and the sentence. The divorce itself is heard in the Arlington County Circuit Court.

Do I have to wait any period before filing for divorce based on a felony conviction?

No, a divorce grounded in a spouse’s felony conviction and sentence of more than one year does not require a separation period. You may file a Complaint for divorce as soon as the conviction and the sentence are final. However, you must still meet Virginia’s residency requirement: one party must have been a bona fide resident and domiciliary of Virginia for at least six months before filing.

How does the felony conviction affect child custody in Arlington County?

The court determines custody based on the best interests of the child under Va. Code § 20-124.3. A felony conviction may be considered, especially if the offense involves abuse or neglect, but it is only one of several factors. The court will look at the nature of the conviction, the length of incarceration, the parent’s relationship with the child, and the other parent’s ability to provide care. The Arlington County Juvenile and Domestic Relations District Court may hear custody matters, or the Circuit Court may decide them if part of the divorce case.

Can I get spousal support if I file for divorce on the ground of felony conviction?

Yes, spousal support may be awarded based on the statutory factors in Va. Code § 20-107.1. The court considers the fault ground when determining support, along with the incomes, earning capacities, ages, and health of the parties, and the length of the marriage. A conviction that resulted in long-term incarceration may affect the paying spouse’s ability to pay, which the court will weigh.

What documents do I need to file for a felony conviction divorce in Arlington County?

You will need the Complaint for divorce, a certified copy of the conviction order showing the felony and the sentence of more than one year, and any agreements or proposed orders regarding property and children. Service of process on an incarcerated spouse may require coordination with the correctional facility. The firm’s attorneys can help assemble and file the necessary documents and ensure proper service.

How can a felony conviction divorce lawyer help in Arlington County?

A family law attorney can guide you through the procedural requirements, present the evidence of the felony conviction to the court, and advocate for an equitable division of property and appropriate support and custody arrangements. The attorney also addresses challenges such as serving an incarcerated spouse and enforcing any resulting orders. To discuss your situation, contact Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.

Primary legal resources:
Virginia Code § 20-91 – Grounds for Divorce
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Arlington County Circuit Court

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