Felony Conviction Divorce Lawyer Fauquier County, VA
You married believing your spouse would be a partner, but a felony conviction can end that partnership in ways you never imagined. If your spouse has been sentenced to prison for more than a year, you have options under Virginia law to move forward with your life — and you do not have to wait until the sentence is served. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel help Fauquier County residents navigate divorce grounded on a spouse’s felony conviction, property division, child custody, and every related family-law issue with clarity and a focus on your future. Call (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Strategy options for a felony-conviction divorce
Virginia Code § 20-91 lists felony conviction and incarceration for more than one year as a fault-based ground for divorce, meaning you can file without any separation period. Many people in Fauquier County choose this route when a spouse’s criminal conduct has already dismantled the marriage. You may also consider a no‑fault divorce if you have lived separate and apart for the required time, but for some, the fault ground brings closure. Mr. Sris and his Of Counsel work with you to evaluate whether a fault filing, a no‑fault filing after separation, or a combination approach best protects your financial interests and your relationship with your children. Every strategy is built around the facts of your case, the location of the incarcerated spouse, and the specific court procedures at the Fauquier County Circuit Court.
What to expect when you file in Fauquier County
The Fauquier County Circuit Court, located at 6 Court Street in Warrenton, handles all divorce, equitable distribution, and spousal support matters. Standalone custody, visitation, child support, and protective‑order issues are heard in the Fauquier County Juvenile and Domestic Relations District Court. If your spouse is incarcerated in a Virginia prison, service of the Complaint is typically straightforward through the warden; if incarcerated out of state, additional procedural steps apply. The court schedules hearings according to its calendar, and while uncontested cases can often move forward in a matter of months, contested matters take longer — sometimes well over a year — especially when the convicted spouse is able to participate from a correctional facility. You are required under Virginia law to have at least one corroborating witness for an uncontested divorce hearing, though a written separation agreement signed by both parties can resolve all issues without a trial. Our firm prepares witnesses, gathers the necessary court records of the conviction, and handles every procedural requirement so you are not left to manage the process alone.
The legal consequences of a felony‑conviction divorce
A divorce granted on the ground of felony conviction can affect property division and custody. This ground may eliminate the need for a waiting period, but it does not automatically give you a larger share of marital assets or sole custody of the children — Virginia is an equitable‑distribution state, and the court considers the statutory factors in Va. Code § 20-107.3 as well as the trusted‑interests factors in § 20-124.3. The conviction itself does not guarantee an outcome; the court looks at the specific conduct and its impact on the family. Mr. Sris and his Of Counsel have experience presenting evidence of the conviction and its consequences in a way that helps the court understand its effect on your life, while protecting your separate property and your parental rights. Results may vary.
About Mr. Sris and his Of Counsel team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997. A former prosecutor, he brings a thorough understanding of how the legal system operates to every divorce matter. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience with 4,739+ documented firm-wide results, and they appear regularly in Fauquier County courts. Results may vary. The team includes attorneys with thorough knowledge of Virginia family-law procedure and a commitment to clear, straightforward representation. You are not handed off to a junior associate; Mr. Sris and his Of Counsel handle your matter with the focus it deserves.
Frequently Asked Questions
Can I get a divorce if my spouse is in prison for a felony?
Yes, Virginia law allows you to file for divorce on the ground that your spouse has been convicted of a felony and sentenced to confinement for more than one year. You do not have to wait until the sentence is completed. At the Fauquier County Circuit Court, you present the conviction order as evidence. The court still must address property, support, and custody, but imprisonment itself satisfies the ground for divorce and eliminates any separation‑period requirement.
How does a felony conviction affect property division in Virginia?
A felony conviction itself does not change Virginia’s equitable‑distribution rules, but the court may consider the circumstances experienced to the conviction when deciding a fair division. Marital property is still divided according to the factors in Va. Code § 20‑107.3. The conviction may be relevant under the “circumstances and factors that contributed to the dissolution of the marriage” factor, but separate property, inheritance, and gifts remain protected. Mr. Sris and his Of Counsel help you present evidence that supports your financial position.
Will my spouse’s felony impact child custody in Fauquier County?
A felony conviction, particularly one involving violence, abuse, or endangerment, weighs heavily in a Virginia custody determination. The court applies the trusted‑interests factors under Va. Code § 20‑124.3, including any history of family abuse. A parent serving a long prison sentence is generally unable to exercise custody, so the court will fashion a custody and visitation arrangement that protects the child. Our firm works to ensure the conviction is properly documented and considered by the judge.
Do I have to prove the felony conviction was the reason for the divorce?
You do not need to prove that the felony caused the breakdown of the marriage; the statute treats the conviction and over‑one‑year incarceration as a ground in itself. You must introduce a certified copy of the conviction and sentence order. Your spouse’s incarceration may be challenged if they were released before serving the minimum time, but with proper evidence, the ground is usually straightforward. Mr. Sris and his Of Counsel obtain the necessary court records and prepare your witness testimony to support the filing.
What if my spouse is incarcerated outside Virginia?
You can still file for divorce in Fauquier County if you meet the residency requirement, but serving the Complaint on an out‑of‑state inmate involves additional procedural steps. The court may allow service through the warden of the out‑of‑state facility or, if that is unavailable, by alternative means the court authorizes. The timeline may be extended, but the ground for divorce remains available. Our firm coordinates the service process so that your case moves forward efficiently.
Can I use a no‑fault divorce instead of a felony‑conviction ground?
Yes, you can choose a no‑fault divorce based on separation — six months with a signed separation agreement and no minor children, or one year otherwise. Many people prefer this route when they want to avoid airing the criminal matter in court. However, if you have not been separated long enough, the felony‑conviction ground allows you to proceed immediately. Mr. Sris and his Of Counsel explain both options and help you pick the one that aligns with your goals and timeline.
How long does a felony‑conviction divorce take in Fauquier County?
The timeline depends on whether the case is contested and how quickly the incarcerated spouse participates. An uncontested divorce with proper service can be completed in a few months. If the incarcerated spouse contests any term or demands to appear, the process can stretch to a year or more. Mr. Sris and his Of Counsel work to keep your matter on track by promptly filing all documents and communicating with the court.
What should I bring to my first meeting with a divorce lawyer?
Bring your marriage certificate, any court papers related to the felony conviction, and a list of assets and debts you and your spouse hold. If you have a prenuptial agreement or any separation agreement, bring those as well. Information about your children — ages, schools, medical needs — helps the attorney assess custody. We also recommend writing down your most pressing questions so nothing is missed when you call (888) 437-7747 to schedule.
Take the next step for your future
You do not need to face a divorce tied to a spouse’s felony conviction alone. Mr. Sris and his Of Counsel provide experienced representation to residents of Warrenton, New Baltimore, Bealeton, Marshall, The Plains, and all of Fauquier County. Call (888) 437-7747 to request a consultation. Our Fairfax Location serves Fauquier County families — 4008 Williamsburg Court, Fairfax, VA 22032. By appointment only.
Primary legal sources
For further reading, you can access the official Virginia statutes related to divorce: Virginia Code Title 20 — Domestic Relations Fauquier County Circuit Court Virginia Judicial System
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.