Felony Conviction Divorce Lawyer Arlington County, VA
Your spouse was sentenced to confinement for more than one year on a felony conviction, and you are considering divorce. That statutory ground—felony conviction and imprisonment—is one of the fault-based grounds for divorce in Virginia, and it can spare you the lengthy separation periods required for a no-fault filing. Law Offices Of SRIS, P.C. has been practicing family law in Virginia since 1997, and Mr. Sris and his Of Counsel are prepared to guide you through a felony conviction divorce in Arlington County. For a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Felony Conviction Divorce Means in Arlington County
Under Virginia law, a spouse may seek an immediate divorce—without any separation waiting period—if the other spouse has been sentenced to confinement for more than one year for a felony. This ground is set out in Va. Code § 20-91(1)(iii) and is one of the fault grounds that can be raised in a Complaint for divorce filed in the Arlington County Circuit Court. The statute does not require the convicted spouse to still be incarcerated at the time of filing; the sentence itself, and the fact of confinement for a felony, triggers the ground. Because it is a fault ground, the court may consider the behavior that led to the conviction when making decisions about equitable distribution, spousal support, and other relief.
Arlington County Circuit Court, located at 1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201, has exclusive original jurisdiction over divorce matters in the county. The filing fee for a divorce complaint varies; additional costs for service of process, pendente lite motions, and other filings may apply. Our attorneys advise clients on the full range of practical issues—from whether a property settlement agreement is advisable to how the conviction may impact custody and visitation under Virginia’s best‑interests standard.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When we take on a felony conviction divorce, we begin by confirming that the statutory prerequisites are met: the spouse was convicted of a felony, the sentence includes confinement of more than one year, and the Virginia domiciliary and residency requirements under Va. Code § 20-97 are satisfied. We then prepare and file the Complaint in Arlington County Circuit Court, setting out the ground and requesting the appropriate relief—divorce from the bond of matrimony, equitable distribution of marital property, spousal support, and, if children are involved, custody and support determinations.
After filing, service of process must be completed on the incarcerated spouse; if the individual is unavailable, the court may permit service by other means. The process can include pendente lite hearings for temporary support, custody, and use of the marital residence while the case is pending. Virginia is an equitable distribution state, meaning the court divides marital property fairly—but not necessarily equally—based on the statutory factors. A felony conviction may influence how those factors are weighed, especially if the crime involved financial misconduct or dissipation of assets. Our role is to present the facts clearly and advocate for a division that reflects the contributions and circumstances of the marriage. Throughout, we work to achieve a favorable resolution without unnecessary delay, while recognizing that every case timeline depends on court scheduling and complexity.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has been practicing since 1997. He 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), which revised certain aspects of equitable distribution. His deep familiarity with Virginia courtroom procedure and statutory construction informs the firm’s approach to felony conviction divorce cases.
Mr. Sris’s Of Counsel bring over 120 years of combined legal experience to each matter. Results may vary. Mr. Sris and his Of Counsel have documented over 4,739 case results across all practice areas since 1997. In your case. Every felony conviction divorce is unique, and we tailor our strategy to the facts, the parties’ goals, and the Arlington County court’s expectations.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce allows a spouse to immediately sue for divorce when the other spouse is sentenced to more than one year of confinement for a felony. The ground is found in Va. Code § 20-91(1)(iii) and does not require any period of separation. It is a fault ground, meaning the court may take the conviction into account when dividing property or awarding support. The divorce Complaint is filed in the circuit court of the county where either party resides—in Arlington County, the Arlington County Circuit Court.
Do I need a lawyer for a felony conviction divorce in Arlington County?
You are not required to have a lawyer, but navigating fault‑based divorce and the long‑term consequences of a felony conviction is complex. A lawyer helps gather the necessary evidence of the conviction and sentencing, drafts the Complaint, and ensures that all statutory requirements are met. Proper handling is especially important when children, significant assets, or spousal support are involved. Mr. Sris and his Of Counsel routinely handle divorce filings in Arlington County Circuit Court and can advise on the specific procedural steps.
How does equitable distribution work when a spouse has been convicted of a felony?
Virginia courts divide marital property fairly—not necessarily equally—using the 11 statutory factors. The felony conviction may be relevant if the crime involved dissipation of marital funds, financial fraud, or other misconduct. The judge also considers the duration of the marriage, each spouse’s contributions, and any circumstances that led to the breakdown. An experienced attorney can present evidence about how the conviction affected the family’s finances so the court can make an informed distribution.
Can I get spousal support in a felony conviction divorce?
Yes, spousal support may be awarded based on the 13 statutory factors in Va. Code § 20-107.1. A spouse’s incarceration does not automatically bar support; the court examines the need of the requesting spouse and the paying spouse’s ability to pay—even if income is limited during incarceration. The felony conviction itself may influence the court’s view of fault when determining the amount and duration of support. Pendente lite support can be sought while the divorce is pending to help with immediate expenses.
What if the convicted spouse is still incarcerated—how is service of process handled?
Service of process may be accomplished by the sheriff, a private process server, or, when the incarcerated spouse cannot be reached through ordinary means, by court‑authorized alternative service. The clerk of the Arlington County Circuit Court can issue a summons. If the incarcerated individual’s location is known, service can often be made through the facility’s procedures. Our office coordinates service carefully so the divorce proceeds without unnecessary delay.
Where can I find a felony conviction divorce lawyer near Arlington County?
Law Offices Of SRIS, P.C. represents clients in Arlington County family law matters from its Arlington location at 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209. By appointment only; call (888) 437-7747 or the local number (703) 589-9250 to schedule a consultation. Mr. Sris and his Of Counsel appear regularly in the Arlington County Circuit Court and are familiar with local procedures for fault‑based divorce cases.
More resources: Family Law Lawyer Fairfax County · Family Law Lawyer Prince William County · Family Law Lawyer Stafford County · Family Law Lawyer Fauquier County · Family Law Lawyer Loudoun County
Official Virginia primary sources: Virginia Code Title 20 (Domestic Relations) · Arlington County Circuit Court · Virginia’s Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.