A felony conviction in Fauquier County provides grounds for divorce under Va. Code § 20-91, requiring 1+ year imprisonment. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County (97% favorable outcome rate). A Felony Conviction Divorce Lawyer Fauquier County can explain how this affects property division and custody.
Last verified: 2026-04 | Fauquier County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Statutory Definition of Felony Conviction Divorce in Fauquier County
Virginia law provides that a felony conviction with imprisonment for one year or more constitutes a fault-based ground for divorce under Va. Code § 20-91(A)(3). This ground does not require a waiting period or separation. The spouse of a convicted felon may file for divorce immediately upon the conviction and incarceration. The court considers the conviction as evidence of the marital breakdown. A Felony Conviction Divorce Lawyer Fauquier County can help you file under this specific ground.
External Citation Links
Review the official statutes and court resources for Fauquier County family law matters:
- Va. Code § 20-91 (Divorce grounds — official Virginia General Assembly)
- Fauquier County General District Court (official court website)
Insider Procedural Edge for Fauquier County
Fauquier County Circuit Court handles all divorce matters, including those based on felony conviction grounds. The court requires proof of the conviction and incarceration period. A certified copy of the conviction order is essential evidence.
- Obtain a certified copy of the felony conviction order from the convicting court.
- Gather documentation showing the incarceration period of one year or more.
- File a complaint for divorce at Fauquier County Circuit Court (6 Court Street, Warrenton, VA 20186).
- Serve the incarcerated spouse through the correctional facility’s legal mail process.
- Attend the hearing with your corroborating witness as required by Virginia law.
Penalty Table for Felony Conviction Divorce in Fauquier County
In Fauquier County, a felony conviction divorce under Va. Code § 20-91(A)(3) requires proof of conviction and 1+ year imprisonment, with no separation waiting period.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (any felony) | Fault-based divorce ground | 1+ year imprisonment required | N/A (divorce ground) | N/A | No waiting period; no separation required; may affect spousal support and property division |
Results may vary. Prior results do not guarantee a similar outcome.
E-E-A-T Authority Block
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+ total documented case results across all practice areas (93%+ favorable outcome rate). Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute. The firm’s tagline is “Advocacy Without Borders.”
Case Results
Law Offices Of SRIS, P.C. has 73 total documented case results across all practice areas in Fauquier County, with a 97% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC: 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Local Pack Trigger Block
Our Fairfax location serves clients at Fauquier County courts (6 Court Street, Warrenton, VA 20186), accessible via I-66, Route 29, Route 17, Route 28, and Route 211.
Divorce lawyer near Fauquier County — serving Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
Can I get a divorce in Fauquier County if my spouse is in prison for a felony?
Yes. A felony conviction with 1+ year imprisonment is a fault ground for divorce under Va. Code § 20-91(A)(3). No separation waiting period is required. File at Fauquier County Circuit Court.
How long does a felony conviction divorce take in Fauquier County?
It depends. Uncontested cases with a signed separation agreement: 2-4 months. Contested cases involving property division or custody: 9-18 months. The felony conviction ground eliminates the separation waiting period.
Does a felony conviction affect child custody in Fauquier County?
Yes. The court considers the conviction under Va. Code § 20-124.3’s best interest factors. A felony conviction may limit parenting time or require supervised visitation, depending on the nature of the offense.
Is Virginia a community property state for divorce?
No. Virginia is an equitable distribution state under Va. Code § 20-107.3 (personally amended by Mr. Sris). Property is divided fairly but not necessarily 50/50. Fauquier County Circuit Court handles property division.
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 (1 year), and felony conviction (1+ year imprisonment). File at Fauquier County Circuit Court.
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Nearby Localities
Last verified: 2026-04. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.