Divorce & Family Law Attorney in Arlington County, Virginia
In Arlington County, Virginia is an equitable distribution state under Va. Code § 20-107.3 (personally amended by Mr. Sris). Law Offices Of SRIS, P.C. has 115 documented case results in Arlington County. A Felony Conviction Divorce Lawyer Arlington County can help you handle the specific grounds and procedures for divorce after a felony conviction.
Virginia Divorce Law and Felony Conviction Grounds
Virginia law provides specific grounds for divorce when a spouse has been convicted of a felony. Under Va. Code § 20-91(A)(3), a divorce may be granted on the grounds of a felony conviction where the spouse has been sentenced to imprisonment for one year or more. This is a fault-based ground that does not require the standard separation period. A Felony Conviction Divorce Lawyer Arlington County understands how to present the certified conviction order and sentencing documentation to the court. The conviction must be final, and the sentence must be for at least one year of incarceration. The court considers the nature of the felony and its impact on the marital relationship.
Last verified: April 2026 | Arlington County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Official Legal References
For the complete statutory framework governing divorce in Virginia, review Va. Code § 20-91 (divorce grounds) and Va. Code § 20-107.3 (equitable distribution). The Arlington County General District Court website provides local procedural information and forms.
Insider Procedural Edge: Felony Conviction Divorce in Arlington County
Arlington County Circuit Court handles all divorce cases, including those based on a felony conviction. The court requires a certified copy of the conviction order and sentencing documentation.
In Arlington County, prosecutors routinely verify the finality of the conviction before proceeding. The court will review the nature of the felony and its effect on the marriage.
- Obtain a certified copy of the felony conviction order and sentencing document from the criminal court.
- File a Complaint for Divorce at the Arlington County Circuit Court, 1425 N. Courthouse Rd, Suite 2400.
- Serve the incarcerated spouse with the divorce papers through the correctional facility’s designated process.
- Attend the hearing where the court will verify the conviction and enter the final divorce decree.
- Address any related issues such as property division, spousal support, or child custody in the same proceeding.
- Finalize the divorce decree, which may include provisions for equitable distribution of marital assets.
In Arlington County, divorce based on a felony conviction carries no direct criminal penalty but affects property division, spousal support, and custody determinations.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Divorce Based on Felony Conviction | Fault-Based Ground | N/A (Criminal Matter Separate) | N/A | N/A | Equitable distribution, spousal support, custody considerations |
Results may vary. Prior results do not guarantee a similar outcome.
Arlington County Case Results
Law Offices Of SRIS, P.C. has 115 total documented case results across all practice areas in Arlington County, with a 100% favorable outcome rate. These results include dismissals, nolle prosequi dispositions, and favorable plea agreements in family law and related matters.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Our Arlington location is near the Arlington County Courthouse, accessible via I-395 and Route 50. We serve clients throughout Arlington County including Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. If you need a divorce after felony lawyer Arlington County or a criminal conviction divorce lawyer Arlington County, contact us today.
Frequently Asked Questions About Divorce in Arlington County
How long does a divorce take in Arlington County, Virginia?
It depends. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree. Contested divorce: 9-18 months. Complex equitable distribution with business valuation or retirement assets: 12-24 months. Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault.
How much does a divorce cost in Arlington County, Virginia?
It depends. Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Pendente lite motion: additional court costs. Guardian ad Litem for custody: typically $500-$2,500+. Mediation: $100-$300/hour per party.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Arlington County Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Arlington County, Virginia?
It depends. Custody in Arlington County is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Arlington County J&DR Court handles standalone custody. Arlington County Circuit Court handles custody within divorce cases.
What are the grounds for divorce in Virginia?
It depends. No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Arlington County Circuit Court.
Can I get a divorce if my spouse is incarcerated for a felony in Virginia?
Yes. Under Va. Code § 20-91(A)(3), a divorce may be granted on the grounds of a felony conviction where the spouse has been sentenced to imprisonment for one year or more. This fault-based ground does not require the standard separation period. A certified copy of the conviction order is required.
Related Legal Resources
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.