In Spotsylvania County, Virginia divorce is governed by Va. Code § 20-91 with a required 6-month or 1-year separation period. Law Offices Of SRIS, P.C. has 67 documented case results in Spotsylvania County. Our Felony Conviction Divorce Lawyer Spotsylvania County team handles cases involving incarceration as grounds for divorce. Consultation by appointment.
Last verified: 2026-04 | Spotsylvania County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law provides for divorce on the ground of a felony conviction where the spouse has been imprisoned for one year or more. Under Va. Code § 20-91(A)(3), a felony conviction resulting in incarceration for at least one year constitutes a fault-based ground for divorce. This provision allows a spouse to file for divorce immediately without the standard separation period. The Felony Conviction Divorce Lawyer Spotsylvania County team at Law Offices Of SRIS, P.C. understands the specific procedures required to prove this ground in Spotsylvania County Circuit Court. Mr. Sris, founder of the firm in 1997 and former prosecutor, personally amended Va. Code § 20-107.3, the equitable distribution statute.
For the official Virginia divorce statute, see Va. Code § 20-91 (official Virginia General Assembly). For Spotsylvania County court information, visit the Spotsylvania County General District Court website.
Spotsylvania County Circuit Court handles all divorce and equitable distribution matters. The court requires a corroborating witness for uncontested hearings. A property settlement agreement can resolve issues without trial.
- File a complaint for divorce at Spotsylvania County Circuit Court, 9107 Judicial Center Lane.
- Attach certified copies of the felony conviction order and incarceration records.
- Serve the incarcerated spouse through the correctional facility’s legal mail system.
- Attend the hearing with corroborating witness testimony.
- Obtain final divorce decree addressing property division and support.
In Spotsylvania County, divorce based on felony conviction carries no additional penalty beyond the existing criminal sentence. Filing fee approximately $86.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Divorce Ground) | Fault-based ground | 1+ year imprisonment | N/A | N/A | Immediate filing allowed; no separation period required |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience with 4,739+ documented case results and a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute. Our divorce after felony lawyer Spotsylvania County team provides case-specific representation for clients facing divorce due to a spouse’s criminal conviction.
Mr. Sris, founder and managing attorney, provides secondary oversight on all Spotsylvania County family law cases. He personally amended Va. Code § 20-107.3 and has over 25 years of experience in Virginia family law.
Law Offices Of SRIS, P.C. has 67 total documented case results across all practice areas in Spotsylvania County with a 100% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC: 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is approximately 45 minutes from Spotsylvania County Circuit Court, accessible via I-95 and Route 3. Our criminal conviction divorce lawyer Spotsylvania County team serves clients throughout Spotsylvania, Chancellor, and Massaponax.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Can I file for divorce immediately if my spouse is convicted of a felony in Spotsylvania County?
Yes. Under Va. Code § 20-91(A)(3), a felony conviction with imprisonment for one year or more allows immediate filing without the standard separation period. File at Spotsylvania County Circuit Court.
How long does a felony conviction divorce take in Spotsylvania County?
It depends. Uncontested cases can finalize in 2-4 months. Contested cases involving property division or custody may take 9-18 months. The court prioritizes these cases due to the incarcerated spouse’s status.
Do I need a separation agreement for a felony conviction divorce in Virginia?
No. A separation agreement is not required when filing on fault grounds like felony conviction. However, a property settlement agreement can simplify the process and avoid contested hearings at Spotsylvania County Circuit Court.
What evidence do I need to prove felony conviction as a divorce ground in Spotsylvania County?
You need certified copies of the felony conviction order and documentation showing the spouse was imprisoned for at least one year. The court requires these documents at the hearing at 9107 Judicial Center Lane.
Can I get spousal support if my spouse is incarcerated in Spotsylvania County?
It depends. The court considers 13 factors under Va. Code § 20-107.1. An incarcerated spouse’s ability to pay is limited, but the court may award support from assets or order payment upon release.
Is Virginia a community property state for divorce?
No. Virginia is an equitable distribution state under Va. Code § 20-107.3 (personally amended by Mr. Sris). Property is divided fairly based on 11 factors, not necessarily 50/50. Separate property is excluded.
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.