Felony Conviction Divorce Lawyer Manassas Park, VA
You never expected to be sitting at your kitchen table, staring at a prison address instead of a home address for the person you married. But when a spouse is convicted of a felony and sentenced to more than a year of confinement, the practical and emotional ground shifts. You may be ready to move forward with a divorce, and Virginia law gives you a clear path: a felony conviction with a sentence exceeding one year is a fault ground for divorce, meaning no mandatory separation period is required. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel team represent clients in Manassas Park who need a Felony Conviction Divorce Lawyer. Reach our location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
How a Felony Conviction Opens a Fault Ground in Virginia
Under Va. Code § 20-91, a spouse’s conviction of a felony and resulting confinement for more than one year is one of the fault grounds that allows you to file for divorce immediately. There is no waiting period, unlike the six-month or one-year separation required in no-fault cases. For Manassas Park residents, all divorce matters are heard in the Manassas Park Circuit Court at 9311 Lee Avenue, Suite 230, Manassas, VA 20110. The court has exclusive jurisdiction over the dissolution of the marriage and the equitable distribution of marital property.
Because the ground is fault-based, the court may consider the facts of the conviction when deciding spousal support and property division. Virginia is an equitable distribution state, meaning that a judge divides marital property fairly but not necessarily equally, weighing factors like each party’s contributions and the circumstances that led to the marriage’s end. Mr. Sris and his Of Counsel can explain how a felony conviction might influence these determinations in your specific case.
What to Expect When You File a Felony Conviction Divorce in Manassas Park
Filing begins with a Complaint in the Circuit Court. Service of process on an incarcerated spouse must be completed according to the Virginia rules of civil procedure; the firm ensures that service is handled correctly so the case can proceed. If the defendant is unable to appear in person due to incarceration, the court may allow participation by telephone, video, or through appointed counsel. The timeline for the divorce will depend on the court’s docket, whether the case is contested, and any issues involving children or assets.
Custody and child support are handled separately by the Manassas Park Juvenile and Domestic Relations District Court if they are not part of the divorce proceeding. However, when a parent is incarcerated, custody and visitation arrangements require careful planning. Mr. Sris and his Of Counsel work with clients to present practical parenting plans that account for the other parent’s confinement and eventual release, always focused on the best interests of the child.
About Mr. Sris and His Of Counsel
Mr. Sris founded the firm in 1997 after serving as a former prosecutor. His firsthand trial experience informs every case the firm undertakes. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), and he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
Can I get a divorce if my spouse is in prison for a felony?
Yes, a felony conviction with a sentence of more than one year is a fault ground for divorce in Virginia. You can file immediately without waiting out a separation period. The Manassas Park Circuit Court handles these cases. A divorce decree can be entered even while the other spouse remains incarcerated, so you can move forward with your life.
How long does a divorce take in Manassas Park?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing, while contested cases may take 9-18 months. For a fault-based divorce with an incarcerated spouse, if the defendant does not contest the ground or financial terms, the process can move faster. The exact timeline depends on the court’s calendar and whether custody, support, or property issues require a hearing.
How much does a divorce cost in Manassas Park?
The Circuit Court filing fee is set by the court. Contact the clerk’s office for current amounts. Sheriff service of process is around $12, and private process server fees range from $50 to $100. Additional costs may include a Guardian ad Litem for custody matters and mediation fees. Mr. Sris and his Of Counsel can discuss fee arrangements during a consultation, including any considerations unique to a case involving an incarcerated spouse.
What if my spouse’s conviction is being appealed?
The felony conviction ground under Va. Code § 20-91 is based on the conviction at the trial court level, not the finality of the appeal. You may file for divorce while an appeal is pending. However, if the conviction is later overturned, it could affect the fault ground. The firm can help you weigh the timing and strategic considerations.
Will the felony conviction affect custody or visitation?
A parent’s incarceration is a significant factor the court considers when determining custody and visitation under the trusted-interests standard. The Manassas Park Juvenile and Domestic Relations District Court may order supervised visitation, telephone calls, or delayed physical contact until the parent is released. Mr. Sris and his Of Counsel can help you craft a parenting plan that protects the child while allowing appropriate contact.
Do I need a lawyer for a felony conviction divorce in Manassas Park?
While not legally required, an experienced attorney can ensure that the fault ground is properly pleaded, service is executed correctly on an incarcerated defendant, and property division accounts for the unique circumstances of a spouse’s conviction. Mr. Sris and his Of Counsel team have handled family law matters across Northern Virginia for nearly three decades. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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Virginia Code Title 20 — Domestic Relations ·
Manassas Park Circuit Court ·
Virginia Judicial System
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