Felony Conviction Divorce Lawyer Manassas, VA
If your spouse has been convicted of a felony and sentenced to confinement, you may have grounds to end your marriage without waiting through a year-long separation. Under Virginia law, a felony conviction that results in imprisonment for more than one year is a fault ground for divorce. This means you can file for divorce based on that conviction rather than relying solely on no-fault separation. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. Concentrate their practice on family law matters, including divorces anchored on fault grounds, and serve clients throughout Manassas and the surrounding Prince William County area. The firm has practiced since 1997 and brings over 120 years of combined legal experience between Mr. Sris and his Of Counsel, with 4,739+ documented firm-wide results. Results may vary. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Under Virginia law, a divorce on the ground of felony conviction requires that the respondent spouse was convicted of a felony and sentenced to confinement for more than one year.
Source: Va. Code § 20-91(3). Virginia Code § 20-91
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Felony Conviction Divorce Means in Manassas, Virginia
In Manassas, a divorce granted on the basis of a spouse’s felony conviction is handled through the Manassas Circuit Court, which has exclusive jurisdiction over divorce proceedings in the City of Manassas. The court applies the fault grounds listed in Va. Code § 20-91, including subsection (3), which allows for divorce when the respondent has been convicted of a felony offense and sentenced to serve more than one year in prison. Unlike no-fault divorce, which requires a separation period of six months to one year depending on circumstances, a felony conviction divorce does not require any period of separation before filing — the ground is present as soon as the conviction and sentence are final.
The proximity of Manassas to major correctional facilities and the presence of both state and federal courts in the region mean that felony convictions arise in a variety of contexts. Mr. Sris and his Of Counsel team are experienced in navigating the intersection of criminal and family law, ensuring that the divorce filing is correctly supported by the judgment of conviction and that any related issues — such as equitable distribution of marital property, spousal support, and child custody — are addressed in light of the conviction’s impact on the family.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
A felony conviction divorce requires careful attention to evidentiary requirements and procedural rules. Mr. Sris and his Of Counsel team begin by reviewing the judgment of conviction to confirm the felony designation and the sentence length, as required by the statute. They then prepare a Complaint for divorce that pleads the felony conviction ground in accordance with the Virginia rules of civil procedure, ensuring that all necessary corroborating evidence is attached or available for hearing.
The case proceeds through the Manassas Circuit Court, where the court may also consider equitable distribution under spousal support under § 20-107.1, and — if children are involved — custody and visitation under the trusted‑interests‑of‑the‑child standard. Because a felony conviction may affect property division or custody determinations, Mr. Sris and his Of Counsel work with financial attorneys and other professionals when needed to build a thorough presentation. Every case is approached with an emphasis on clarity of the legal issues and practical resolution for the client.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris brings insight into the criminal justice system that is especially valuable in divorce cases grounded on a spouse’s felony conviction. He 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 contributes extensive experience in family law litigation, criminal law, and court procedure, enabling the firm to handle complex fault‑based divorce matters with thorough preparation.
Frequently Asked Questions
Can I get divorced in Virginia if my spouse is in prison for a felony?
Yes, if the conviction is for a felony and the sentence is for more than one year. Va. Code § 20‑91(3) allows a divorce on this ground. The conviction must be final, and the non‑incarcerated spouse may file the Complaint in the Circuit Court where either party lives. The felony conviction divorce does not require a separation period. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What happens to property and support when a divorce is granted on felony conviction grounds?
Property is divided equitably, and support may be awarded based on statutory factors. The court applies to classify and distribute marital and separate property. The conviction itself does not automatically bar the incarcerated spouse from a share of marital property or from being required to pay support; the court considers all relevant factors, including the circumstances that led to the conviction. Results may vary.
Do I need to wait for my spouse’s release from prison before filing for divorce?
No, you can file once the felony conviction and sentence are final. There is no requirement that the spouse be released before a divorce complaint can be filed. The case proceeds through the Manassas Circuit Court; service of process on an incarcerated spouse follows standard procedures, and the timeline depends on the court’s schedule and the complexity of the issues. Contact Mr. Sris and his Of Counsel at (888) 437‑7747 to discuss the details.
How does a felony conviction affect child custody in Manassas?
A felony conviction can be a factor in custody determinations, but it does not automatically terminate parental rights. The court applies the trusted‑interests‑of‑the‑child standard under Va. Code § 20‑124.3, weighing 10 factors including each parent’s relationship with the child and any history of family abuse. The conviction may be considered, but the court’s focus is on the child’s welfare. Every case is unique, and the outcome depends on the facts presented. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction.
What do I need to bring to a consultation for a felony conviction divorce?
Bring any documents related to the felony conviction, such as the judgment order or sentencing documents. Also gather marriage records, information about assets and debts, and any relevant custody or support filings if applicable. The attorney will use these to evaluate the validity of the ground and the overall strategy. To schedule a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
How do I find a lawyer for a felony conviction divorce in Manassas?
Look for an attorney experienced in fault‑based divorce and familiar with the Manassas Circuit Court. Mr. Sris and his Of Counsel team have handled family law cases across Virginia since 1997 and maintain a location in Fairfax that serves the Manassas area. They can appear in Manassas courts and are available by appointment. To discuss your situation, contact the firm at (888) 437‑7747.
Additional resources for related family law matters:
- Prince William County Family Law Attorney
- Manassas Park Family Law Attorney
- Fairfax County Divorce Lawyer
- Falls Church Family Law Attorney
Primary sources on Virginia divorce law:
Virginia Code Title 20, Chapter 6 — Divorce, Affirmation and Annulment · Manassas Circuit Court · Virginia Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary. For New Jersey matters: Attorney responsible for this advertising: Mr. Sris.