Felony Conviction Divorce Lawyer Lexington — What Are Your Options?
A felony conviction can serve as a fault ground for divorce under Va. Code § 20-91(A)(3) if the spouse is imprisoned for one year or more. Law Offices Of SRIS, P.C. has 14 documented case results in Lexington. A Felony Conviction Divorce Lawyer Lexington can explain how this affects your case.
Virginia Law on Felony Conviction as a Divorce Ground
Under Virginia law, a felony conviction is a fault-based ground for divorce. Va. Code § 20-91(A)(3) allows a divorce when a spouse has been convicted of a felony and imprisoned for one year or more. Unlike no-fault divorce, which requires a 6-month or 1-year separation, a felony conviction divorce can be filed immediately upon meeting the imprisonment requirement. This ground applies regardless of whether the crime was related to the marriage. The conviction must be final, and the incarceration period must be continuous. A Felony Conviction Divorce Lawyer Lexington can help you determine if this ground applies to your situation.
Last verified: April 2026 | Lexington General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Felony Conviction as a Fault Ground — Specific Statute
Va. Code § 20-91(A)(3) specifically provides: “A divorce from the bond of matrimony may be decreed… [w]here either party has been convicted of a felony and has been confined in a state or federal correctional institution for a period of not less than one year.” This statute differs from general divorce grounds because it does not require a separation period. The conviction must be for a felony under either state or federal law. A divorce after felony lawyer Lexington can verify whether your spouse’s conviction meets this statutory threshold.
Official Legal Resources
- Va. Code § 20-91 (Divorce grounds — official Virginia General Assembly)
- Lexington General District Court — Official Court Website
Insider Procedural Edge for Lexington Felony Conviction Divorce
Lexington Circuit Court handles all divorce cases involving felony conviction grounds. The court requires proof of the conviction and incarceration period.
You must submit certified copies of the conviction order and incarceration records. The court will verify the one-year minimum imprisonment requirement.
A criminal conviction divorce lawyer Lexington can help you gather the necessary documentation efficiently.
- Obtain certified copy of the felony conviction order from the sentencing court.
- Request incarceration records from the correctional facility showing continuous confinement.
- File a complaint for divorce at Lexington Circuit Court (2 South Main Street).
- Serve the incarcerated spouse through the correctional facility’s legal service process.
- Attend the hearing with all documentation proving the one-year imprisonment requirement.
- Obtain the final divorce decree upon court approval.
In Lexington, a felony conviction divorce under Va. Code § 20-91(A)(3) carries no additional penalty beyond the existing criminal sentence.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Divorce Ground) | Fault Ground | 1+ year imprisonment required | N/A | N/A | No separation period required; immediate filing possible |
Results may vary. Prior results do not guarantee a similar outcome.
Why Law Offices Of SRIS, P.C. Handles Your Lexington Felony Conviction Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a credential no other firm can claim. Our team has 4,739+ documented case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C., with a 93%+ favorable outcome rate. Our tagline, “Advocacy Without Borders,” reflects our commitment to clients in Lexington and throughout Virginia.
Case Results in Lexington and Beyond
Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington, with a 100% favorable outcome rate. Firm-wide, we have achieved 4,739+ documented case results across Virginia, Maryland, New Jersey, New York, and Washington D.C., with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Location Serving Lexington
Distance: Our Richmond location serves clients at Lexington courts (2 South Main Street).
Near-Me: Looking for a “felony conviction divorce lawyer near Lexington” or “divorce attorney near VMI”? We serve the entire Lexington area.
Neighborhoods Served: Lexington
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Frequently Asked Questions About Felony Conviction Divorce in Lexington
How long does a felony conviction divorce take in Lexington, Virginia?
Yes, it can be faster than a no-fault divorce. Since no separation period is required, the process takes 2-4 months from filing to final decree if uncontested. Contested cases may take 9-18 months. Lexington Circuit Court handles all felony conviction divorces.
Can I get a divorce if my spouse is in prison for less than one year?
No. Va. Code § 20-91(A)(3) requires imprisonment for one year or more. If the sentence is shorter, you must use no-fault grounds (6-month or 1-year separation) or another fault ground like adultery or cruelty.
How does a felony conviction affect child custody in Lexington?
It depends. The court considers the best interests of the child under Va. Code § 20-124.3. A felony conviction, especially for violent crimes or crimes involving children, can significantly impact custody decisions. Lexington J&DR Court handles standalone custody matters.
What happens to marital property when divorce is based on a felony conviction?
It depends. Virginia is an equitable distribution state under Va. Code § 20-107.3 (personally amended by Mr. Sris). The court divides marital property fairly based on 11 factors. The felony conviction itself does not automatically affect property division, but the circumstances may be considered.
Can I file for divorce while my spouse is still incarcerated?
Yes. You can file immediately once the one-year imprisonment requirement is met. The incarcerated spouse must be served through the correctional facility’s legal service process. Lexington Circuit Court will schedule a hearing that accommodates the incarcerated spouse’s availability.
Is a felony conviction divorce more expensive than a no-fault divorce?
It depends. The Circuit Court filing fee is approximately $86, plus service of process costs ($12-$100). Additional costs may include obtaining certified conviction records and incarceration documentation. Total costs are typically comparable to a contested no-fault divorce.
Related Legal Resources
- Virginia Family Law Lawyer — Hub page for all Virginia family law matters
- Henrico County Divorce Lawyer — Nearby locality
- Chesterfield County Divorce Lawyer — Nearby locality
- Lexington Criminal Defense Lawyer — Related practice area
- Lexington DUI Lawyer — Related practice area
- Attorney Profile: Bryan Block
- Richmond Office Location
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.