Felony Conviction Divorce Lawyer Alexandria, VA
When a spouse’s criminal conduct results in a felony conviction and a court imposes a sentence of more than one year of confinement, Virginia law provides a fault-based ground for divorce that does not require a lengthy separation period. The innocent spouse may seek an absolute divorce without waiting for the full year of living separate and apart that no-fault divorces usually demand. Law Offices Of SRIS, P.C. Concentrates its family law practice on representing spouses who wish to end a marriage following the other spouse’s felony imprisonment. Mr. Sris, Owner and Founder, leads a team of experienced Of Counsel who understand the statutory requirements under Va. Code § 20‑91 and the procedural landscape of the Alexandria Circuit Court. We handle the filing, service of process on an incarcerated spouse, proof of conviction and sentencing, and the attendant issues of equitable distribution, spousal support, and child‑related determinations in the Juvenile and Domestic Relations District Court. Because the ground does not depend on a separation period, the divorce can be finalized more efficiently once the statutory conditions are met. Reach our Arlington location at (888) 437‑7747 to schedule a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Felony Conviction Divorce Means in Alexandria, Virginia
Alexandria, an independent city in Northern Virginia, is served by the Eighteenth Judicial District. The Alexandria Circuit Court, located at 520 King Street, has exclusive jurisdiction over divorce and equitable distribution. The Alexandria Juvenile and Domestic Relations District Court handles any separate custody, visitation, or support matters when the divorce itself is pending. Our firm’s Arlington location is a short distance from both courthouses, allowing us to appear efficiently for hearings and motions.
Under Va. Code § 20‑91, a spouse may file for divorce on the fault ground that the other spouse has been sentenced to confinement for more than one year following a felony conviction. The conviction must be final, and the sentence must be one of imprisonment—probation alone does not satisfy the ground. The court also requires proof that the convicted spouse remains under sentence. Virginia’s equitable distribution statute, Va. Code § 20‑107.3, governs the division of marital property, and the court may award spousal support under Va. Code § 20‑107.1 if the factors warrant it. Because the ground is fault‑based, the court may consider the circumstances surrounding the offense when making support and property determinations.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
We begin every felony conviction divorce matter by reviewing the conviction order, the sentencing documentation, and the current status of the incarcerated spouse. Understanding the exact terms of confinement is essential because service of process on an imprisoned individual must comply with the rules of the court while also coordinating with the correctional facility. Our Of Counsel team works to obtain the authenticated copies of the sentencing order required to present the ground, and we prepare a complaint that clearly states the statutory basis for relief.
Once the complaint is filed, we address any ancillary issues such as property classification, retirement or pension division, and spousal support. If the parties have minor children, we assist with the custody and support components that may need to be resolved in the Juvenile and Domestic Relations District Court. Throughout the process, Mr. Sris and his Of Counsel appear at the Alexandria Circuit Court for hearings on the divorce itself and at the J&DR Court for child‑related matters. The timeline for a final decree depends on the court’s calendar and whether the matter is contested or uncontested.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Having practiced since 1997, he brings a prosecutorial perspective that informs his approach to divorce litigation, including cases involving felony conviction grounds. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team brings over 120 years of combined legal experience. Results may vary. Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is an absolute divorce granted on the fault ground that one spouse has been sentenced to imprisonment for more than one year after a felony conviction. Under Va. Code § 20‑91, the innocent spouse may file for divorce without waiting for a separation period. The conviction must be final, and the sentence must involve confinement—probation is not enough. The divorce resolves the marriage, equitable distribution, spousal support, and, when necessary, custody and child support.
What must I prove to obtain a divorce on the ground of felony conviction?
You must prove that your spouse was convicted of a felony, that the sentence imposed includes confinement for more than one year, and that the conviction and sentencing remain in effect. The court typically requires authenticated copies of the conviction order and the sentencing order. Evidence of the current status of incarceration is also necessary. The divorce complaint is filed in the Alexandria Circuit Court, which has exclusive jurisdiction over the dissolution of the marriage.
How long does a felony conviction divorce take in Alexandria?
The time to a final decree depends on the court’s calendar, whether the incarcerated spouse contests the divorce, and whether there are additional issues such as property division or child custody. Because no separation period is required, the divorce can often move faster than a no‑fault case. However, service of process on an imprisoned individual and scheduling a hearing around the correctional facility’s procedures can affect the timeline. The Alexandria Circuit Court sets the hearing once all statutory requirements are met.
Can I still get custody and child support in a felony conviction divorce?
Yes, custody and child support are determined separately from the divorce ground and are based on the best interests of the child under Va. Code § 20‑124.3. When children are involved, the Alexandria Juvenile and Domestic Relations District Court handles custody and support matters if they are not resolved within the divorce proceeding. The court considers each parent’s ability to provide care, but the incarcerated parent’s circumstances are a relevant factor that the court will evaluate.
Do I need a lawyer to file for a felony conviction divorce?
You are not legally required to have a lawyer, but an attorney can help ensure the statutory ground is properly pled and that your rights to property and support are protected. The process involves gathering certified conviction records, serving an incarcerated spouse, and presenting evidence to the court. Mr. Sris and his Of Counsel handle the procedural requirements and appear in the Alexandria courts on your behalf. For guidance specific to your situation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Our family law practice covers nearby communities. Learn more about our services: Family Law in Fairfax County, Family Law in Fairfax City, Family Law in Falls Church, Family Law in Prince William County, and Family Law in Manassas.
Sources: Virginia Code Title 20 (Domestic Relations) ·
Alexandria Circuit Court ·
Virginia Courts
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