Felony Conviction Divorce Lawyer Greene County, VA
Your spouse was convicted of a felony and is now serving a prison sentence of more than a year. You know the marriage is over, but you are not sure how to move forward with a divorce under these circumstances. In Virginia, a felony conviction with a sentence of confinement exceeding one year is a statutory fault ground for ending a marriage. You do not have to wait out the lengthy no‑fault separation period; you can file now. For many spouses, this is the quickest path to finality and a fresh start. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys have extensive experience handling divorces built on fault grounds, including felony‑conviction‑based actions in Greene County Circuit Court. For counsel specific to your situation, reach the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Your Strategy Options
A felony‑conviction divorce in Virginia offers a clear legal basis to seek an immediate end to the marriage, but the path you choose can affect property division, spousal support, and even child‑custody considerations. Mr. Sris and the firm’s Of Counsel attorneys help clients evaluate two primary approaches: filing solely on the felony ground, or filing a complaint that also includes alternative no‑fault separation grounds if you have been living apart for the required period. The felony‑conviction ground, under Va. Code § 20‑91, eliminates the need for a six‑ or twelve‑month separation waiting period, allowing the case to move forward as soon as proper service and procedural steps are completed.
When children are involved, the team also addresses how a parent’s felony record could influence custody and visitation. Virginia courts decide custody based on the best interests of the child, and a felony conviction—particularly one that reflects issues of violence or neglect—can be a factor the judge examines closely. Mr. Sris and the firm’s Of Counsel attorneys work to frame the legal arguments in a way that protects your parental rights while advancing the divorce efficiently.
What To Expect In Greene County
Greene County divorce proceedings are heard in the Greene County Circuit Court, which has exclusive original jurisdiction over all divorce actions. The courthouse is located at 85 Stanard Street in Stanardsville. If there are related custody, child‑support, or protective‑order matters that need to be addressed separately from the divorce, those are typically filed in the Greene County Juvenile and Domestic Relations District Court. Mr. Sris and the firm’s Of Counsel attorneys are experienced at coordinating between these courts so that every aspect of your family‑law matter moves forward without unnecessary delay.
After the complaint is filed and your spouse is served, the next steps depend on whether the divorce is contested or uncontested. If your incarcerated spouse does not respond or agrees to the divorce, the case can proceed fairly smoothly. If there are disputes over property or spousal support, the court may hold a trial to resolve those issues. Throughout the process, the firm keeps you informed about the scheduling of hearings and any procedural requirements, such as the need for a corroborating witness at an uncontested divorce hearing.
What A Felony‑Conviction Divorce Means For Your Future
Virginia is an equitable‑distribution state, not a community‑property state. That means the court divides marital property fairly, but not necessarily equally, after examining the factors listed in Va. Code § 20‑107.3. A spouse’s felony conviction does not automatically strip them of their share of marital assets, but the court can consider the circumstances that led to the conviction and the financial impact on the family when deciding how to divide property and whether to award spousal support. Mr. Sris and the firm’s Of Counsel attorneys present evidence about how the conviction has affected the family’s finances and your ability to move forward, helping the court craft an equitable result.
Because the felony‑conviction ground is fault‑based, you may also have a stronger position when requesting spousal support. The court evaluates the statutory factors, including the fault that led to the marriage’s breakdown. An experienced divorce attorney can demonstrate how the conviction and imprisonment disrupted your household, which can influence the support determination.
About Mr. Sris And The Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He has concentrated a substantial portion of his career on family‑law matters, including divorces grounded on fault such as felony conviction. The firm’s Of Counsel attorneys bring extensive combined legal experience and work collaboratively on cases throughout Virginia. The team approaches each Green County divorce with a focus on the client’s long‑term security, from the initial filing through the final decree.
Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), legislation that updated Virginia’s equitable‑distribution statute. That experience reflects the firm’s commitment to understanding the laws that shape divorce outcomes in Virginia. For a consultation about a felony‑conviction divorce in Greene County, call (888) 437-7747.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault‑based divorce that can be granted when one spouse has been sentenced to confinement for more than one year following a felony conviction. This ground, found in Va. Code § 20‑91, allows the innocent spouse to file for divorce without waiting through the no‑fault separation periods. The conviction must be final, and the sentence must exceed one year. The divorce is handled in the circuit court of the county where either spouse resides.
Can I file for divorce while my spouse is in prison?
Yes, you can file for divorce while your spouse is incarcerated in Virginia if your spouse has been sentenced to more than one year for a felony. The filing does not depend on the incarcerated spouse’s consent. Service of process must still be accomplished—typically through the facility where your spouse is held. The court may grant the divorce on the felony‑conviction ground alone, even if your spouse does not participate in the proceeding.
How does a felony conviction affect property division in Virginia?
A felony conviction does not automatically forfeit a spouse’s share of marital property, but the court can consider the financial consequences of the conviction when dividing assets equitably. Under Va. Code § 20‑107.3, the judge weighs multiple factors, including the detrimental impact the incarceration and any related financial losses had on the family. An experienced attorney can present evidence that supports a distribution favorable to the non‑incarcerated spouse.
Do I need a lawyer for a felony conviction divorce in Greene County?
You are not required to have a lawyer, but legal guidance is essential because fault‑ground divorces present unique challenges regarding service of process, property classification, and spousal support. The firm helps clients navigate the Greene County Circuit Court’s procedures and ensures that the complaint is correctly drafted to avoid delays. A well‑prepared case moves more efficiently through the court system, protecting your rights at every stage.
What if my spouse’s felony conviction is being appealed?
If the conviction is on appeal, you may still be able to file for divorce under a different ground, such as a no‑fault separation ground if you meet the timeline requirements. The felony‑conviction ground typically requires a final, non‑appealable judgment of guilt. Mr. Sris and the firm’s Of Counsel attorneys evaluate your specific circumstances and advise you on the most appropriate strategy for moving forward while the appeal is pending.
How long does a felony conviction divorce take in Greene County?
The timeline varies based on whether the case is contested and on the Greene County Circuit Court’s docket, but uncontested cases often resolve more quickly than the no‑fault separation periods. When the defendant spouse does not contest the divorce and service is completed promptly, the court can schedule a hearing within a few months. Contested matters, particularly those involving disputed property or support, can extend over a longer period.
Will the divorce automatically give me custody of our children?
No, custody is determined separately under Virginia’s best‑interests‑of‑the‑child standard, and a parent’s incarceration is one factor the court may consider. The judge reviews all relevant factors, including each parent’s capacity to care for the child and any history of abuse or neglect. The firm advocates for custody and visitation arrangements that promote stability for your family.
How do I get started with a felony conviction divorce in Greene County?
Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. During your initial meeting, Mr. Sris and the firm’s Of Counsel attorneys will review the details of your spouse’s conviction, discuss your goals for property, support, and custody, and outline the steps to begin the divorce process in the Greene County Circuit Court.
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Family Law Lawyer Fairfax City, VA |
Family Law Lawyer Falls Church, VA |
Family Law Lawyer Prince William County, VA |
Family Law Lawyer Manassas, VA
For a full statutory breakdown, see our comprehensive analysis at srislawyer.com.
Law Offices Of SRIS, P.C.
Fairfax Location
4008 Williamsburg Court, Fairfax, VA 22032
(888) 437-7747
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