Felony Conviction Divorce Lawyer King George County, VA
Your spouse has been convicted of a felony and is now serving a sentence of a year or more. The marriage has been strained for some time, and you are ready to move forward. You know Virginia law allows divorce on the ground of a spouse’s felony conviction with imprisonment exceeding one year, but you are not sure what that means for property, support, or your children. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team represent individuals in King George County who are seeking a divorce based on the incarceration of a spouse. Reach our location at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Strategy Options for a Felony Conviction Divorce
Virginia Code § 20‑91 identifies a spouse’s sentencing to confinement for more than one year for a felony as a fault ground for divorce. This means you can file for divorce without waiting out the usual separation periods required for no‑fault divorce. In King George County, Mr. Sris and his Of Counsel evaluate whether proceeding on the fault ground is advantageous for your overall objectives. While a fault ground may allow a faster final decree, it can also influence the court’s equitable distribution analysis under Va. Code § 20‑107.3, particularly if the conviction involved economic harm to the family. We help clients weigh the strategic trade‑offs between filing on the felony‑conviction ground and filing on a no‑fault basis after completing the applicable separation period. The choice affects how quickly the divorce becomes final, how property is divided, and what arguments the other side may raise regarding spousal support.
What to Expect in King George County
Divorce cases in King George County are filed in the King George County Circuit Court, located at 10446 Government Center Blvd, Ste 105, King George, VA 22485. The Circuit Court has exclusive jurisdiction over divorce, equitable distribution, and spousal support matters. Standalone custody, visitation, and child support matters are heard in the King George County Juvenile and Domestic Relations District Court. Mr. Sris and his Of Counsel appear regularly in both courts. The process begins by filing a Complaint for Divorce, which must state the applicable ground and be served on the incarcerated spouse. Service on an inmate can be accomplished through the sheriff or a private process server; if the incarcerated party is represented by counsel or elects to participate, the case proceeds similarly to other contested or uncontested divorce actions. Virginia requires at least one corroborating witness for an uncontested divorce hearing, so we work with clients to identify a witness who can attest to the facts supporting the ground.
How a Felony Conviction Shapes the Outcome
Virginia is an equitable distribution state, not a community property state. The court divides marital property fairly but not necessarily equally, considering eleven statutory factors. A spouse’s felony conviction and incarceration can be relevant to several of those factors, including the circumstances that contributed to the dissolution of the marriage and each party’s contributions to the well‑being of the family. If the crime involved dissipation of marital assets or imposed significant financial burdens on the household, the court may adjust the division accordingly. For child custody, the court’s paramount consideration is the best interests of the child under Va. Code § 20‑124.3. A parent’s felony conviction and incarceration are among the facts the court may weigh, but incarceration alone does not automatically strip a parent of custodial rights. Spousal support may also be affected by the conviction: a fault ground can bar an incarcerated spouse from receiving support in some circumstances, while also potentially increasing the support obligation of the other spouse if the conviction caused economic dependency. Mr. Sris and his Of Counsel have handled these nuanced issues for clients across Northern Virginia, including King George County. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with extensive experience in Virginia family law. He has been practicing since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), legislation that revised the equitable distribution statute. His Of Counsel team includes attorneys with backgrounds in criminal defense, CPS matters, and family law litigation. Together, Mr. Sris and his Of Counsel bring extensive combined legal experience to divorce, custody, and property division cases. The firm’s Fairfax Location serves clients throughout King George County. Meetings are by appointment. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Frequently Asked Questions
Can I divorce my spouse in Virginia if they are in prison for a felony?
Yes, Virginia law allows divorce on the ground of a spouse’s conviction of a felony and sentencing to confinement for more than one year, under Va. Code § 20‑91. This is a fault ground, meaning you do not need to wait out the separation period required for no‑fault divorce. The divorce complaint must be filed in the Circuit Court where either party resides. You must provide evidence of the conviction and sentence. Mr. Sris and his Of Counsel handle these matters in King George County and can explain how this ground interacts with property division, support, and custody.
How does a felony conviction affect property division in a Virginia divorce?
A spouse’s felony conviction can influence the court’s equitable distribution because the judge considers all factors in Va. Code § 20‑107.3, including the circumstances that led to the dissolution of the marriage. If the conviction involved financial misconduct, dissipation of assets, or created significant family debt, the court may adjust the division to compensate the innocent spouse. However, equitable distribution is not punitive; the goal is a fair allocation. An experienced lawyer can help you present evidence about the conviction’s financial impact on the household.
Do I need a lawyer for a felony conviction divorce in King George County?
You are not legally required to hire a lawyer, but a divorce based on a felony conviction involves procedural and evidentiary steps that are easier to navigate with experienced counsel. You will need to serve the incarcerated spouse, gather certified conviction records, and possibly present a corroborating witness. Mistakes in pleading the ground or serving process can delay the case. Mr. Sris and his Of Counsel represent clients throughout King George County and can handle these requirements on your behalf.
What is the process for filing a divorce on the ground of a spouse’s felony conviction?
The process starts by filing a Complaint for Divorce in the King George County Circuit Court, stating the conviction and sentence as the ground, and serving the incarcerated spouse. The court may schedule a hearing where you must present evidence of the conviction, such as a certified copy of the sentencing order, and a corroborating witness. If the spouse responds or the case is contested, additional discovery and hearings may be necessary. Our firm handles all stages of the proceeding, from initial consultation to final decree.
Will my spouse’s incarceration affect child custody in Virginia?
Incarceration alone does not automatically terminate a parent’s custodial rights, but it is a factor the court will consider under Virginia’s best‑interest standard. The judge assesses the parent‑child relationship, the length of the sentence, and any risk to the child. If the incarcerated parent poses a threat or cannot maintain a meaningful relationship, the court may award sole custody to the other parent or impose supervised visitation. Mr. Sris and his Of Counsel can help you present evidence relevant to the custody analysis.
Is a divorce based on a felony conviction faster than waiting for a no‑fault separation?
Yes, because the fault ground does not require a separation period, you can seek a divorce immediately after the conviction and sentencing, rather than waiting six months or a year. The overall timeline then depends on how quickly the incarcerated spouse is served and whether the case is contested. An uncontested divorce on this ground can often be finalized more quickly than waiting out a separation. Our firm can assess whether pursuing the fault ground is the most efficient path for your situation.
Additional Resources:
Fairfax County Family Law Lawyers |
Prince William County Family Law Lawyer |
Manassas Family Law Attorney
For authoritative information on Virginia divorce statutes, consult the
Virginia Code § 20‑91 and the
King George Circuit Court website.
Case results depend on a variety of factors unique to each case.