Under Va. Code § 20-91(3), a felony conviction with imprisonment for one year or more is a fault ground for divorce in Virginia. Law Offices Of SRIS, P.C. has 68 documented results in Fauquier County, including 2 dismissed or not guilty and 57 reduced or amended — a 90% favorable outcome rate.
Felony Conviction Divorce Lawyer Fauquier County, Virginia
Virginia law permits divorce on the ground of a felony conviction. Under Va. Code § 20-91(3), a spouse may seek a divorce if the other spouse has been convicted of a felony and has been incarcerated for at least one year. This is a fault-based ground, meaning no separation period is required. The conviction must be final, and the imprisonment must be continuous. The divorce is filed at Fauquier County Circuit Court, which has jurisdiction over all divorce and equitable distribution matters in Fauquier County. 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 | Fauquier County Circuit Court | Virginia General Assembly — official site
For the full text of the statute governing divorce on felony conviction grounds, see Va. Code § 20-91 (Virginia General Assembly — official site). For information on Fauquier County Circuit Court procedures, visit Fauquier County Circuit Court (Virginia Courts — official site).
In Fauquier County Circuit Court, prosecutors and judges are familiar with felony conviction divorce cases. We have observed that the court requires strict proof of the conviction and the duration of imprisonment. The incarcerated spouse must be properly served, and the court may allow video appearances.
- Obtain a certified copy of the felony conviction and sentencing order.
- Confirm the incarcerated spouse has been imprisoned for at least one continuous year.
- File a complaint for divorce at Fauquier County Circuit Court.
- Arrange service of process on the incarcerated spouse.
- Attend the hearing; the incarcerated spouse may appear by video.
- Obtain the final decree of divorce from the court.
In Fauquier County, a divorce on felony conviction grounds under Va. Code § 20-91(3) carries no direct criminal penalty, but the divorce itself may affect property division, spousal support, and custody.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Ground for Divorce) | Fault-based divorce ground | 1+ year imprisonment required | N/A (divorce proceeding cost) | None | Equitable distribution, spousal support, custody may be affected |
Results may vary.
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%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm has 68 documented case results in Fauquier County across all practice areas, with a 90% favorable outcome rate. Law Offices Of SRIS, P.C. — Advocacy Without Borders — has handled numerous family law matters in Fauquier County, including divorce on felony conviction grounds.
Law Offices Of SRIS, P.C. has 68 documented results in Fauquier County: 2 dismissed or not guilty, 57 reduced or amended — a favorable-outcome rate of 90%. Firm-wide, the firm has 4,739+ documented results across VA, MD, DC, NY and NJ. Results may vary.
Our location in Fairfax is approximately 25 miles from Fauquier County Circuit Court, with access via I-66 and Route 29. We serve as a Felony Conviction Divorce Lawyer Fauquier County and divorce after felony lawyer Fauquier County provider. Serving the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
Phone: (703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Fauquier County
How long does a divorce take in Fauquier County, Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Fauquier County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Fauquier 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. Under Va. Code § 20-91, a felony conviction ground requires no separation period.
Yes, uncontested divorces take 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Fauquier 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. Fauquier County Circuit Court handles all divorce filings.
It depends on complexity; filing fee is approximately $86.
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). Fauquier County Circuit Court (6 Court Street, Warrenton, VA 20186) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state.
How is child custody decided in Fauquier County, Virginia?
Custody in Fauquier 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. Fauquier County J&DR Court handles standalone custody. Fauquier County Circuit Court handles custody within divorce cases.
It depends 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 Fauquier County Circuit Court. Va. Code § 20-91 lists all grounds.
Yes, grounds include no-fault separation, adultery, cruelty, desertion, and felony conviction.
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.
It depends on the specific facts; an attorney evaluates evidence and procedural compliance.
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 evidence.
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.
It depends on the specific charges; consequences may include fines, jail time, or probation.
For more information on family law matters in Virginia, visit our Norfolk Military Divorce Lawyer Virginia hub page. You may also find these related pages useful: Family Law Lawyer Albemarle County, Family Law Lawyer Arlington County, Consumer Protection Lawyer Fauquier County, and Marijuana Possession Lawyer Fauquier County.
Last verified: April 2026
Attorney responsible for this advertising: Mr. Sris.
Case results depend on a variety of factors unique to each case.
By appointment only.