A felony conviction in Albemarle County can serve as grounds for divorce under Va. Code § 20-91(A)(3) after one year of imprisonment. Law Offices Of SRIS, P.C. has 30 documented case results in Albemarle County. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3.
Felony Conviction Divorce Lawyer Albemarle County — What Are Your Options?
Virginia Law on Felony Conviction as Grounds for Divorce
Under Va. Code § 20-91(A)(3), a felony conviction resulting in imprisonment for one year or more provides grounds for divorce in Virginia. This applies to cases filed in Albemarle County Circuit Court. The statute does not require a waiting period for fault-based divorce on this ground. Mr. Sris, founder of Law Offices Of SRIS, P.C. (founded 1997), brings former prosecutor experience to these cases. A Felony Conviction Divorce Lawyer Albemarle County can explain how this affects property division and custody.
Last verified: April 2026 | Albemarle County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 20-91 (Divorce grounds — official Virginia General Assembly)
- Albemarle County General District Court (official court website)
Insider Procedural Edge for Albemarle County
Albemarle County Circuit Court handles all divorce cases. The court requires one corroborating witness for uncontested hearings. A property settlement agreement can resolve issues without trial.
- Obtain certified copies of the felony conviction order from the sentencing court.
- Document the imprisonment period — one year minimum is required.
- File a complaint for divorce on fault grounds at Albemarle County Circuit Court.
- Serve the incarcerated spouse through the Department of Corrections.
- Attend the hearing with corroborating witness testimony.
- Obtain the final divorce decree addressing property and custody.
In Albemarle County, a felony conviction divorce carries no additional penalty — the conviction itself serves as grounds. The court divides property equitably under Va. Code § 20-107.3.
| Issue | Classification | Impact on Divorce | Property Division | Custody Impact | Additional Considerations |
|---|---|---|---|---|---|
| Felony Conviction | Fault Ground | No waiting period required | Equitable distribution applies | Best interests of child standard | Spousal support may be affected |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Albemarle County Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. The firm has achieved 4,739+ documented case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a credential no other family law attorney in Albemarle County can claim. A criminal conviction divorce lawyer Albemarle County from our firm understands both family law and criminal procedure.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results in Albemarle County
Law Offices Of SRIS, P.C. has 30 total documented case results across all practice areas in Albemarle County, with a 100% favorable outcome rate. These include dismissals and reductions in traffic and criminal matters. For family law specifically, the firm handles complex divorce cases involving felony convictions.
Results may vary. Prior results do not guarantee a similar outcome.
Our Albemarle County Location
Our Richmond location serves clients at Albemarle County courts (350 Park Street). Accessible via I-64, Route 29, Route 250, and Route 20. Serving Charlottesville area, Crozet, Earlysville, Ivy, and North Garden.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Albemarle County
Can I file for divorce if my spouse is in prison for a felony in Albemarle County?
Yes. A felony conviction with one year or more of imprisonment provides grounds for divorce under Va. Code § 20-91(A)(3). File at Albemarle County Circuit Court. No waiting period is required for this fault ground.
How does a felony conviction affect child custody in Albemarle County?
It depends. The court applies the best interests of the child standard under Va. Code § 20-124.3. A felony conviction is one factor among 10. The court considers the nature of the offense and its impact on the child.
Will my spouse’s felony conviction affect property division in Albemarle County?
It depends. Virginia is an equitable distribution state under Va. Code § 20-107.3. The court considers 11 factors including the circumstances that contributed to the dissolution. A felony conviction may influence the division.
How long does a felony conviction divorce take in Albemarle County?
Contested cases: 9-18 months. Uncontested cases with a signed agreement: 2-4 months. The felony conviction ground allows filing immediately without the 6-month or 1-year separation period required for no-fault divorce.
Do I need a lawyer for a felony conviction divorce in Albemarle County?
Yes. A felony conviction divorce involves complex issues: serving an incarcerated spouse, documenting the conviction, and addressing property division and custody. A Felony Conviction Divorce Lawyer Albemarle County ensures proper procedure.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.