Felony Conviction Divorce Lawyer Fairfax County, Virginia
Under Va. Code § 20-91, a felony conviction with imprisonment for 1+ year is a fault ground for divorce in Virginia. Law Offices Of SRIS, P.C. has extensive criminal defense experience in Fairfax County, including 1,741 documented case results across all practice areas. A Felony Conviction Divorce Lawyer Fairfax County can help you handle this complex area of family law.
Virginia Law on Felony Conviction Divorce
Virginia Code § 20-91(3) provides that a divorce may be granted on the ground of a felony conviction where the spouse has been convicted of a felony and has been imprisoned for at least one year. This fault-based ground does not require a separation period, unlike no-fault divorce which requires 6 months (no minor children) or 1 year (with minor children) of separation. The divorce action must be filed in the Fairfax County Circuit Court, located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly — official site
Official Legal References
For the full text of the statute governing divorce grounds in Virginia, 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).
Local Court Procedures for Felony Conviction Divorce
In Fairfax County Circuit Court, prosecutors and family court judges routinely review felony conviction divorce petitions with heightened scrutiny. We have observed that the court requires certified copies of the conviction and proof of the 1-year imprisonment period.
The court may also consider the impact of the felony conviction on child custody and visitation under Va. Code § 20-124.3.
Fairfax County Circuit Court typically schedules these cases for hearing within 60-90 days of filing.
- Obtain certified copies of the felony conviction judgment from the sentencing court.
- Verify the imprisonment period meets the 1-year minimum under Va. Code § 20-91.
- File the divorce complaint at Fairfax County Circuit Court, 4110 Chain Bridge Road, Suite 210.
- Serve the complaint on your spouse through sheriff service or private process server.
- Attend the hearing with your corroborating witness.
- Obtain the final divorce decree from the court.
In Fairfax County, Virginia, a felony conviction divorce under Va. Code § 20-91 carries specific legal consequences including potential impacts on property division, spousal support, and child custody.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction Divorce (Fault Ground) | Fault-based divorce ground | 1+ year imprisonment required | N/A (divorce proceeding) | No direct license impact | May affect custody, visitation, and spousal support |
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., “Advocacy Without Borders,” 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%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm has extensive criminal defense experience, which is critical when handling a divorce based on a felony conviction.
Your Felony Conviction Divorce Lawyer
Case Results in Fairfax County
Law Offices Of SRIS, P.C. has 1,741 documented case results in Fairfax County: 575 dismissed or not guilty, 1,038 reduced or amended, and 128 other favorable outcomes — a 96% favorable outcome rate. Results may vary. These results include criminal defense matters that demonstrate the firm’s extensive experience with felony cases, which directly benefits clients seeking a divorce after felony lawyer Fairfax County representation.
Our Fairfax County Location
Our location in Fairfax is approximately 1.5 miles from the Fairfax County Circuit Court and Fairfax County General District Court, with access via I-495 and I-66. We serve as a criminal conviction divorce lawyer Fairfax County for clients throughout the region.
Searching for a “divorce after felony lawyer Fairfax County”? We are here to help.
Serving the communities of Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
(703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Fairfax County
How long does a divorce take in Fairfax County, Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Fairfax County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Fairfax 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.
Uncontested divorces in Fairfax County typically resolve in 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Fairfax 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. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Fairfax County Circuit Court.
The filing fee for a divorce complaint in Fairfax County is approximately $86, plus service costs.
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). Fairfax County Circuit Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state, not a community property state.
How is child custody decided in Fairfax County, Virginia?
Custody in Fairfax 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. Fairfax County J&DR Court handles standalone custody. Fairfax County Circuit Court handles custody within divorce cases.
Child custody in Fairfax County is decided based on the experienced interests of the child under Va. Code § 20-124.3.
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 Fairfax 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.
Virginia allows no-fault divorce after 6-month or 1-year separation, and fault grounds including felony conviction with 1+ year imprisonment.
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.
A Virginia lawyer may challenge evidence and examine procedural compliance under Va. Code § 20-91.
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.
Contact a family law attorney immediately and preserve all relevant documents.
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.
Penalties depend on the specific circumstances under Va. Code § 20-91; consult an attorney for guidance.
Related Legal Resources
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- Corporate Transactions Lawyer Fairfax — Cross-practice area page
- Franchise Lawyer Fairfax County — Cross-practice area page
Last verified: April 2026