Felony Conviction Divorce Lawyer Falls Church — What Are Your Grounds for Divorce?
In Falls Church, a spouse’s felony conviction with 1+ year imprisonment is a fault ground for divorce under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 24 documented case results in Falls Church. A Felony Conviction Divorce Lawyer Falls Church from our firm can explain your options.
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)(3), a divorce may be granted if your spouse has been convicted of a felony and has been incarcerated for at least one year. This fault-based ground allows you to file for divorce without waiting for the standard separation period. You do not need to prove additional fault beyond the felony conviction and imprisonment. The Falls Church Circuit Court handles all divorce filings in this jurisdiction. A Felony Conviction Divorce Lawyer Falls Church can help you gather the necessary conviction records and file the appropriate pleadings.
Last verified: April 2026 | Falls Church General District Court | Virginia General Assembly
For a divorce based on a felony conviction, the specific statutory ground is Va. Code § 20-91(A)(3), which permits divorce when a spouse is convicted of a felony and imprisoned for one year or more. This differs from no-fault grounds which require a 6-month or 1-year separation. The conviction must be final; a pending appeal may delay the divorce proceeding.
Official Legal Resources
- Va. Code § 20-91 (Divorce grounds — official Virginia General Assembly)
- Falls Church General District Court — Official Court Website
Insider Procedural Edge for Falls Church Felony Conviction Divorce
Falls Church Circuit Court requires certified copies of the felony conviction judgment and proof of 1+ year incarceration. The court will verify the conviction is final and not under appeal.
- Obtain certified copy of the felony conviction judgment from the sentencing court.
- Gather documentation showing the spouse has been incarcerated for at least one year.
- File a complaint for divorce at Falls Church Circuit Court (300 Park Avenue, Suite 151W).
- Serve the incarcerated spouse through the correctional facility’s legal mail process.
- Attend the uncontested or contested hearing at Falls Church Circuit Court.
- Receive the final divorce decree from the court.
In Falls Church, a felony conviction divorce does not carry criminal penalties but affects property division, spousal support, and custody.
| Issue | Classification | Impact | Court Consideration | Additional Consequences |
|---|---|---|---|---|
| Divorce Grounds | Fault-based | No waiting period required | Va. Code § 20-91(A)(3) | May affect equitable distribution |
| Property Division | Equitable distribution | Court considers fault | Va. Code § 20-107.3 | Incarcerated spouse may have limited participation |
| Spousal Support | Discretionary | Fault may bar or limit support | Va. Code § 20-107.1 | Incarceration affects ability to pay |
| Child Custody | Best interests | Felony conviction is a factor | Va. Code § 20-124.3 | Incarceration limits parenting time |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Authority in Falls Church Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm has over 120 years of combined legal experience and 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a unique credential that no other family law firm in Falls Church can claim. Our Felony Conviction Divorce Lawyer Falls Church team includes Mr. Sris and Samantha Rae Powers, who bring extensive experience handling fault-based divorce cases involving criminal convictions.
Our secondary attorney, Mr. Sris, is the firm’s founder and managing attorney. He is a former prosecutor with bar admissions in VA, MD, DC, NJ, and NY. He personally amended Va. Code § 20-107.3 and has over 25 years of experience handling complex family law cases involving felony convictions.
Falls Church Case Results
Law Offices Of SRIS, P.C. has 24 total documented case results across all practice areas in Falls Church, with a 100% favorable outcome rate. These results include dismissals and favorable resolutions in family law and criminal matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our Falls Church Location
Our Fairfax location is approximately 3 miles from Falls Church Circuit Court (300 Park Avenue), accessible via Route 7 (Broad Street/Leesburg Pike) and I-495.
We serve clients throughout Falls Church, including the neighborhoods of Falls Church City, West Falls Church, and East Falls Church.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Falls Church
Can I get a divorce if my spouse is convicted of a felony in Falls Church?
Yes. Under Va. Code § 20-91(A)(3), a felony conviction with 1+ year imprisonment is a fault ground for divorce in Falls Church Circuit Court.
How long does a felony conviction divorce take in Falls Church?
It depends. Uncontested cases can finalize in 2-4 months. Contested cases involving property division or custody may take 9-18 months.
Is Virginia a community property state for divorce?
No. Virginia is an equitable distribution state. The court divides marital property fairly under Va. Code § 20-107.3, considering 11 factors including fault.
How is child custody decided when a parent is incarcerated?
The court applies the best interests standard under Va. Code § 20-124.3. Incarceration is a factor that may limit parenting time but does not automatically terminate parental rights.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children) or 1-year separation. Fault grounds: adultery, cruelty, desertion (1 year), and felony conviction (1+ year imprisonment).
How much does a felony conviction divorce cost in Falls Church?
Circuit Court filing fee is approximately $86. Additional costs include service of process ($12-$100), and potentially Guardian ad Litem ($500-$2,500+) or mediation ($100-$300/hour).
Related Legal Resources
- Virginia Family Law Lawyer
- Fairfax County Divorce Lawyer
- Prince William County Divorce Lawyer
- Falls Church Criminal Defense Lawyer
- Falls Church DUI Lawyer
- Kristen Fisher — Attorney Profile
- Fairfax Office Location
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.