In Botetourt County, a felony conviction can serve as grounds for divorce under Va. Code § 20-91(A)(3) if imprisonment lasts one year or more. Law Offices Of SRIS, P.C. has 33 documented case results in Botetourt County. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3.
Virginia Felony Conviction Divorce Law in Botetourt County
Virginia law permits a divorce on the ground of a felony conviction when the defendant has been convicted of a felony and has been confined in a correctional facility for one year or more. The conviction must be final, and the imprisonment must be continuous. This is a fault-based ground for divorce, meaning no separation period is required before filing. The case is filed in Botetourt County Circuit Court, located at 20 E. Back Street, Suite A, Fincastle, VA 24090. The spouse seeking the divorce must prove the conviction and the length of confinement. Property division and spousal support are still governed by Va. Code § 20-107.3 (equitable distribution), which Mr. Sris personally amended. Child custody and support are determined under Va. Code § 20-124.2 and § 20-108.1, focusing on the best interests of the child.
Last verified: April 2026 | Botetourt County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
External Legal Resources
- Va. Code § 20-107.3 (Equitable Distribution) — Official Virginia General Assembly
- Botetourt County General District Court — Official Court Website
Insider Procedural Edge: Felony Conviction Divorce in Botetourt County
Botetourt County Circuit Court handles all felony conviction divorce filings. The court requires proof of the conviction and continuous confinement. A certified copy of the conviction order is essential. The court will also address property division and support issues simultaneously.
- Obtain a certified copy of the felony conviction order from the convicting court.
- File a Complaint for Divorce in Botetourt County Circuit Court, citing Va. Code § 20-91(A)(3).
- Serve the incarcerated spouse with the complaint and summons through the correctional facility.
- Attend the hearing to present evidence of the conviction and confinement duration.
- Address equitable distribution, spousal support, and child-related matters at the same hearing.
- Obtain the final divorce decree from the court.
In Botetourt County, a felony conviction divorce under Va. Code § 20-91(A)(3) requires proof of a felony conviction and one year of continuous imprisonment.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction Divorce | Fault-Based Ground | 1+ year imprisonment required | N/A | N/A | No separation period required; property division and support still governed by equitable distribution |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Botetourt County 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. The firm has achieved 4,739+ documented case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C., with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a credential no other family law attorney in Botetourt County can claim. This amendment directly affects how marital property is divided in every Virginia divorce, including those involving a Felony Conviction Divorce Lawyer Botetourt County.
Botetourt County Case Results
Law Offices Of SRIS, P.C. has 33 total documented case results across all practice areas in Botetourt County, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Botetourt County Location
Our Shenandoah/Woodstock Location serves clients at Botetourt County courts (20 E. Back Street). The location is accessible via I-81, I-64, Route 11, and Route 220. We serve the communities of Fincastle, Daleville, Troutville, Blue Ridge, and Eagle Rock.
Looking for a Felony Conviction Divorce Lawyer Botetourt County near you? Our firm is available to handle your case.
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Frequently Asked Questions About Felony Conviction Divorce in Botetourt County
Can I get a divorce in Botetourt County if my spouse is in prison for a felony?
Yes. Virginia law allows divorce on the ground of a felony conviction when the spouse has been confined for one year or more. File in Botetourt County Circuit Court with a certified copy of the conviction order.
How long does a felony conviction divorce take in Botetourt County?
It depends. An uncontested felony conviction divorce can take 2-4 months from filing. Contested matters involving property division or custody may take 9-18 months. The court must verify the conviction and confinement period.
Do I need a separation period for a felony conviction divorce in Virginia?
No. A felony conviction divorce is a fault-based ground that does not require any separation period. You can file immediately after the one-year confinement requirement is met.
How is property divided in a felony conviction divorce in Botetourt County?
Virginia is an equitable distribution state under Va. Code § 20-107.3. The court divides marital property fairly but not necessarily equally. Mr. Sris personally amended this statute, giving the firm unique insight into property division.
What if my spouse was convicted of a felony but not imprisoned for one year?
You cannot use the felony conviction ground. You must use no-fault grounds (6-month or 1-year separation) or another fault ground such as adultery or cruelty. Consult a divorce after felony lawyer Botetourt County for guidance.
Can a criminal conviction divorce lawyer Botetourt County help with child custody?
Yes. Child custody is decided based on the best interests of the child under Va. Code § 20-124.3. The incarcerated parent’s situation is a factor. A lawyer can help protect your parental rights and seek appropriate visitation arrangements.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.