In Botetourt County, Virginia, a felony conviction can serve as grounds for divorce under Va. Code § 20-91, allowing the innocent spouse to file immediately without a waiting period. Law Offices Of SRIS, P.C. has 33 documented results in Botetourt County, with a favorable outcome in all reported instances.
Felony Conviction Divorce Lawyer in Botetourt County, Virginia
Under Virginia law, a Felony Conviction Divorce Lawyer Botetourt County handles divorces where one spouse has been convicted of a felony and sentenced to imprisonment for one year or more. Va. Code § 20-91(A)(3) provides that a divorce may be granted on the ground of a felony conviction, with no waiting period required. The innocent spouse must prove the conviction and the sentence of imprisonment. This fault-based ground allows the court to consider the conviction when dividing marital property, determining spousal support, and awarding custody. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience.
Last verified: April 2026 | Botetourt County Circuit Court | Virginia General Assembly — official site
For the full text of the divorce statute, see Va. Code § 20-91 (Virginia General Assembly — official site). For the equitable distribution statute personally amended by Mr. Sris, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Botetourt County Circuit Court, prosecutors and family court judges routinely scrutinize felony conviction divorce filings for corroborating evidence. We have observed that the court requires the innocent spouse to present certified copies of the conviction order and sentencing documentation. The judge will verify that the sentence was for one year or more of imprisonment.
- Obtain certified copies of the felony conviction and sentencing order from the criminal court.
- Draft a divorce complaint citing Va. Code § 20-91(A)(3) as the ground.
- File the complaint at Botetourt County Circuit Court, 20 E. Back Street, Suite A, Fincastle, VA 24090.
- Serve the incarcerated spouse through the correctional facility’s legal mail system.
- Attend the final hearing with all required documentation.
- Obtain the final divorce decree addressing property division, custody, and support.
In Botetourt County, a felony conviction divorce under Va. Code § 20-91 carries no criminal penalty but affects property division, spousal support, and custody determinations.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction Divorce | Fault-based ground under Va. Code § 20-91(A)(3) | N/A (civil matter) | N/A (civil matter) | N/A | Equitable distribution, spousal support, custody, and visitation may be affected |
Results may vary.
Law Offices Of SRIS, P.C. has 33 documented results in Botetourt County: 0 dismissed or not guilty, 33 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ. Results may vary.
Our location in Woodstock is approximately 120 miles from Botetourt County Circuit Court, with access via I-81 and Route 220. We serve as a Felony Conviction Divorce Lawyer Botetourt County and divorce after felony lawyer Botetourt County for clients throughout the region. Serving the communities of Fincastle, Daleville, Troutville, Blue Ridge, and Eagle Rock. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St, Suite 103, Woodstock, VA 22664
Phone: (888) 437-7747
By appointment only
Frequently Asked Questions About Felony Conviction Divorce in Botetourt County
How long does a divorce take in Botetourt County, Virginia?
It depends. Uncontested divorces typically resolve in 2-6 months after filing at Botetourt County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Botetourt County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution with business valuation or retirement assets: 12-24 months. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747. Statute: Va. Code § 20-91 (divorce grounds); § 20-107.3 (equitable distribution — personally amended by Mr. Sris); § 20-108.1 (child support guidelines); § 20-124.2 (custody experienced interests); § 20-107.1 (spousal support factors). Court: Botetourt County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Botetourt County Circuit Court (divorce/equitable distribution).
How much does a divorce cost in Botetourt County, Virginia?
The Circuit Court filing fee for divorce complaint is approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Botetourt County General District Court. Statute: Va. Code § 20-91 (divorce grounds); § 20-107.3 (equitable distribution — personally amended by Mr. Sris). Court: Botetourt County General District Court.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Botetourt County Circuit Court (20 E. Back Street, Suite A, Fincastle, VA 24090) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded. Statute: Va. Code § 20-91 (divorce grounds); § 20-107.3 (equitable distribution — personally amended by Mr. Sris). Court: Botetourt County General District Court.
How is child custody decided in Botetourt County, Virginia?
Custody in Botetourt County is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Botetourt County J&DR Court handles standalone custody. Botetourt County Circuit Court handles custody within divorce cases. 33 total documented case results across all practice areas (favorable outcome in all reported instances). Statute: Va. Code § 20-91 (divorce grounds); § 20-107.3 (equitable distribution — personally amended by Mr. Sris). Court: Botetourt County General District Court.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Botetourt County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Statute: Va. Code § 20-91 (divorce grounds); § 20-107.3 (equitable distribution — personally amended by Mr. Sris). Court: Botetourt County General District Court.
How does a Virginia lawyer defend against felony conviction divorce charges?
Defense strategies for felony conviction divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (grounds for divorce) to build the strongest possible defense. Statute: Va. Code § 20-91 (grounds for divorce).
What should I do if I am facing felony conviction divorce charges in Virginia?
If facing felony conviction divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action. Statute: Va. Code § 20-91 (grounds for divorce).
What are the penalties for felony conviction divorce in Virginia?
Penalties for felony conviction divorce in Virginia depend on the specific charges, prior record, and circumstances. Under Va. Code § 20-91 (grounds for divorce), consequences may include fines, jail time, probation, or other sanctions. Consult a Virginia family law attorney for case-specific guidance. Statute: Va. Code § 20-91 (grounds for divorce).
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Last verified: April 2026 | Botetourt County Circuit Court | Virginia General Assembly — official site