Felony Conviction Divorce Lawyer Arlington County, Virginia
A felony conviction in Virginia can serve as a fault ground for divorce under Va. Code § 20-91(3), allowing a spouse to file immediately if the other spouse has been convicted of a felony and imprisoned for one year or more. Law Offices Of SRIS, P.C.
Understanding Felony Conviction Divorce Under Virginia Law
Under Va. Code § 20-91(3), a felony conviction with imprisonment for one year or more constitutes a fault ground for divorce in Virginia. This means you may file for divorce immediately without waiting for the standard separation period. The conviction must be for a felony under Virginia law or a comparable federal or out-of-state offense. The spouse seeking the divorce must prove the conviction and imprisonment occurred. Law Offices Of SRIS, P.C. — Advocacy Without Borders — brings 120+ years combined legal experience to these complex cases. Founded in 1997 by Mr. Sris, former prosecutor, the firm has extensive experience handling felony conviction divorce matters in Arlington County.
Last verified: April 2026 | Arlington County Circuit Court | Virginia General Assembly — official site
Official Legal References
- Va. Code § 20-91 (Virginia General Assembly — official site) — Grounds for divorce, including felony conviction.
- Va. Code § 20-107.3 (Virginia General Assembly — official site) — Equitable distribution statute personally amended by Mr. Sris.
Insider Procedural Edge: handling Felony Conviction Divorce in Arlington County
In Arlington County Circuit Court, prosecutors and family court judges routinely scrutinize felony conviction divorce filings for procedural compliance. We have observed that the court requires certified copies of the conviction order and proof of imprisonment duration. Missing documentation can delay proceedings significantly.
- Obtain certified copies of the felony conviction and sentencing order from the convicting court.
- Verify the imprisonment period meets the one-year minimum under Va. Code § 20-91(3).
- File the divorce complaint at Arlington County Circuit Court, 1425 N. Courthouse Rd, Suite 2400.
- Serve the incarcerated spouse through the correctional facility’s legal service process.
- Attend the hearing with all supporting documentation and legal arguments prepared.
- Obtain the final divorce decree addressing property division, custody, and support.
Penalty and Legal Consequences of Felony Conviction Divorce
In Arlington County, a felony conviction divorce under Va. Code § 20-91(3) carries significant legal consequences including immediate divorce filing rights, potential loss of spousal support, and impact on child custody and property division.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Ground for Divorce) | Fault Ground under Va. Code § 20-91(3) | 1+ year imprisonment (required for ground) | N/A (criminal penalty separate) | N/A | Immediate divorce filing; potential loss of spousal support; impact on custody and property division |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Felony Conviction Divorce?
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Our firm, Advocacy Without Borders, has handled 115 documented case results in Arlington County, including 22 dismissals or not guilty outcomes and 93 reduced or amended outcomes — a favorable outcome in all reported instances. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Your Legal Team
Case Results in Arlington County
Law Offices Of SRIS, P.C. has 115 documented results in Arlington County: 22 dismissed or not guilty, 93 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. These outcomes span multiple practice areas, including traffic, criminal, and domestic violence cases, demonstrating the firm’s broad litigation experience.
Our Arlington County Location
Our location in Arlington is 1.2 miles from Arlington County Circuit Court, with access via I-395 and Route 50. We serve as a Felony Conviction Divorce Lawyer Arlington County for clients throughout the area.
Looking for a divorce after felony lawyer Arlington County? We provide full representation for clients facing divorce after a criminal conviction.
Serving the communities of Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Arlington Location: 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209 | (703) 589-9250 | By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Arlington County
How long does a divorce take in Arlington County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Arlington County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Arlington 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. For felony conviction divorce under Va. Code § 20-91(3), no separation period is required, which can expedite the process.
How much does a divorce cost in Arlington County, Virginia?
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. Cases filed at Arlington County General District Court or Circuit 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). Arlington County Circuit Court (1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Arlington County, Virginia?
Custody in Arlington 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. Arlington County J&DR Court handles standalone custody. Arlington County Circuit Court handles custody within divorce cases.
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 Arlington County Circuit Court. A criminal conviction divorce lawyer Arlington County can help you determine the experienced grounds for your case.
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.
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.
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.
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Last updated: 2026-04-30. This page is regularly reviewed for accuracy.