In Fairfax County, a felony conviction with 1+ year imprisonment is a fault ground for divorce under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 1789 documented case results in Fairfax. A Felony Conviction Divorce Lawyer Fairfax can file immediately — no separation period required.
Fairfax Felony Conviction Divorce Lawyer — What Are Your Grounds for Divorce?
Virginia Divorce Law for Felony Convictions
Virginia law provides specific grounds for divorce when a spouse is convicted of a felony. Under Va. Code § 20-91, a felony conviction resulting in imprisonment for one year or more constitutes a fault-based ground for divorce. Unlike no-fault divorce, which requires a 6-month or 1-year separation period, a Felony Conviction Divorce Lawyer Fairfax can file for divorce immediately upon the conviction and incarceration. This fault ground applies regardless of whether the conviction occurred before or during the marriage. The spouse who is not incarcerated may file for divorce on this basis without waiting for the separation period to expire. The Fairfax County Circuit Court, located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030, handles all divorce filings in Fairfax County. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep familiarity with Virginia family law.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 20-91 (Divorce Grounds) — Official Virginia General Assembly
- Fairfax County General District Court — Official Court Website
Insider Procedural Edge for Felony Conviction Divorce in Fairfax
Fairfax County Circuit Court processes fault-based divorce petitions on an expedited basis when the grounds involve a felony conviction. The court does not require corroborating witnesses for the conviction itself — certified court records serve as sufficient proof.
- Step 1 — Obtain Certified Conviction Records: Request certified copies of the felony conviction and sentencing order from the criminal court where the conviction occurred.
- Step 2 — File Complaint for Divorce: File a complaint for divorce based on the felony conviction ground at Fairfax County Circuit Court. Include the certified conviction records as exhibits.
- Step 3 — Serve the Incarcerated Spouse: Arrange service of process on the incarcerated spouse through the correctional facility’s legal mail system or through the sheriff’s department.
- Step 4 — Attend Pendente Lite Hearing: Request a pendente lite hearing for temporary spousal support, child custody, and use of marital property. The court typically schedules these within 21-60 days.
- Step 5 — Proceed to Equitable Distribution: The court will divide marital assets and debts under Va. Code § 20-107.3. The incarcerated spouse’s criminal conduct may affect the court’s distribution decision.
- Step 6 — Final Decree of Divorce: Once all issues are resolved, the court enters a final decree of divorce. No separation period is required for this fault ground.
Divorce Grounds and Timelines in Fairfax County
In Fairfax County, divorce based on a felony conviction carries no mandatory separation period and allows immediate filing.
| Ground for Divorce | Classification | Separation Period Required | Filing Fee | Additional Requirements |
|---|---|---|---|---|
| Felony Conviction (1+ year imprisonment) | Fault-based | None — immediate filing | Approximately $86 | Certified conviction records required |
| No-Fault (no minor children) | No-fault | 6 months with signed separation agreement | Approximately $86 | Corroborating witness required |
| No-Fault (with minor children) | No-fault | 1 year | Approximately $86 | Parenting plan required |
| Adultery | Fault-based | None | Approximately $86 | Proof of adultery required |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Fairfax Felony Conviction Divorce
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor with firsthand knowledge of the criminal justice system. The firm has over 120 years of combined legal experience and 4,739+ documented case results firm-wide across Virginia, Maryland, DC, New Jersey, and New York. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, demonstrating unparalleled familiarity with Virginia family law. The firm’s 93%+ favorable outcome rate reflects a commitment to aggressive, client-focused representation. A divorce after felony lawyer Fairfax from this firm understands both the criminal and family law implications of a felony conviction divorce.
Fairfax County Case Results
Law Offices Of SRIS, P.C. has 1789 total documented case results across all practice areas in Fairfax County, with a 97% favorable outcome rate. These results include dismissals, not guilty verdicts, and favorable plea agreements in criminal and family law matters. A criminal conviction divorce lawyer Fairfax can apply this experience to your family law case.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax Location
Our Fairfax location is near the Fairfax County courts at 4110 Chain Bridge Road, accessible via I-66 and Route 50.
Felony Conviction Divorce Lawyer Fairfax — serving clients near Fairfax County Courthouse.
Neighborhoods Served: Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, Falls Church area.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
NAP: Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Fairfax
Can I file for divorce immediately if my spouse is convicted of a felony in Fairfax County?
Yes. Under Va. Code § 20-91, a felony conviction with 1+ year imprisonment allows immediate filing with no separation period. A Felony Conviction Divorce Lawyer Fairfax can file the complaint as soon as the conviction and sentencing occur.
Do I need a separation agreement if my spouse is incarcerated for a felony?
No. The felony conviction ground bypasses the separation requirement entirely. You do not need a signed separation agreement or waiting period. A divorce after felony lawyer Fairfax can proceed directly to filing.
How is property divided when one spouse is in prison for a felony?
It depends. Virginia is an equitable distribution state under Va. Code § 20-107.3. The court considers 11 factors, including the incarcerated spouse’s criminal conduct, which may reduce their share of marital property.
Can I get spousal support if my spouse is in prison?
It depends. The court considers 13 factors under Va. Code § 20-107.1, including the incarcerated spouse’s ability to pay. If the spouse has assets or income from investments, support may still be awarded.
What happens to child custody when a parent is convicted of a felony?
It depends. The court decides custody based on the child’s best interests under Va. Code § 20-124.3. A felony conviction, especially for violent crimes, significantly reduces the incarcerated parent’s chances of custody or unsupervised visitation.
How long does a felony conviction divorce take in Fairfax County?
Uncontested cases with a signed property settlement agreement can finalize in 2-4 months. Contested cases involving complex property division or custody disputes may take 9-18 months. A criminal conviction divorce lawyer Fairfax can expedite the process.
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.