Facing divorce after a felony conviction in Fairfax County? Virginia law allows divorce on fault grounds of a felony conviction with imprisonment for one year or more. A Felony Conviction Divorce Lawyer Fairfax County from Law Offices Of SRIS, P.C. can guide you through this process. We have 1,789 documented case results in Fairfax County.
Under Virginia law, a felony conviction can serve as grounds for divorce. Va. Code § 20-91(A)(3) provides that a divorce may be granted when either party has been convicted of a felony and has been confined in a correctional facility for one year or more. This is a fault-based ground, meaning the innocent spouse can file immediately without waiting for the typical separation period. The conviction must be for a felony under Virginia law or a comparable federal or other state law. The court will consider the nature of the offense and the length of confinement when granting the divorce and making related decisions about property division and spousal support.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For more information on Virginia divorce law, review the Virginia Code § 20-91 (official Virginia General Assembly) and the Fairfax County General District Court website.
In Fairfax County Circuit Court, a divorce based on a felony conviction requires proof of the conviction and the one-year confinement period. The court will review the certified conviction record and the dates of incarceration. This process can move faster than a no-fault divorce because no separation period is required.
- Gather certified copies of the felony conviction and incarceration records.
- File a complaint for divorce on fault grounds at Fairfax County Circuit Court.
- Serve the incarcerated spouse with the divorce papers through the correctional facility.
- Attend the hearing where the court will review the conviction and confinement evidence.
- Obtain the final divorce decree, which may include rulings on property and support.
In Fairfax County, a felony conviction divorce carries no direct penalty but affects property division, spousal support, and custody decisions.
| Issue | Impact |
|---|---|
| Divorce Grounds | Fault-based — no waiting period required |
| Property Division | Equitable distribution under Va. Code § 20-107.3 |
| Spousal Support | Court considers the conviction and incarceration |
| Child Custody | Best interests of the child standard applies |
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 and 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, demonstrating deep family law authority. The firm’s tagline is “Advocacy Without Borders.”
In Fairfax County, Law Offices Of SRIS, P.C. has 1,789 total documented case results across all practice areas with a 97% favorable outcome rate. Firm-wide, we have 4,739+ documented 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 Fairfax location is located near the Fairfax County courts at 4110 Chain Bridge Road, accessible via I-66 and the Fairfax County Parkway.
Looking for a divorce after felony lawyer Fairfax County or a criminal conviction divorce lawyer Fairfax County? We serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
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Can I get a divorce if my spouse is convicted of a felony in Virginia?
Yes. Virginia law allows divorce on fault grounds when a spouse is convicted of a felony and confined for one year or more. No separation period is required for this ground.
How long does a felony conviction divorce take in Fairfax County?
It depends. A fault-based divorce on felony conviction grounds can be finalized in 2-4 months if uncontested. Contested cases may take 9-18 months depending on complexity.
Does a felony conviction affect child custody in Virginia?
Yes. The court considers the best interests of the child under Va. Code § 20-124.3. A felony conviction, especially for violent or drug-related offenses, can significantly impact custody and visitation decisions.
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, which was personally amended by Mr. Sris.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children with signed agreement) or 1-year separation. Fault grounds: adultery, cruelty, desertion for 1 year, and felony conviction with 1+ year imprisonment.
For more information, visit our Virginia Family Law Lawyer page. See also our Fairfax City Divorce Lawyer and Falls Church Divorce Lawyer pages. For related services, view our Fairfax County Criminal Defense Lawyer page.
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.