In Fredericksburg, Virginia, a felony conviction can serve as grounds for divorce under Va. Code § 20-91(A)(3) after one year of imprisonment. Law Offices Of SRIS, P.C. has 6 documented case results in Fredericksburg. A Felony Conviction Divorce Lawyer Fredericksburg can explain how this affects your case.
Virginia Divorce Law and Felony Conviction Grounds
Virginia law provides specific grounds for divorce when one 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 incarcerated for at least one year. This is a fault-based ground, meaning you do not need to wait the standard separation period. A Felony Conviction Divorce Lawyer Fredericksburg can help you file under this provision. The Fredericksburg Circuit Court handles all divorce filings in the city. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, the equitable distribution statute, which governs how marital property is divided in divorce cases involving felony convictions.
Last verified: April 2026 | Fredericksburg General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For divorce cases involving a felony conviction, the primary statute is Va. Code § 20-91(A)(3), which specifically addresses felony conviction as grounds for divorce. This differs from the general no-fault divorce provisions under § 20-91(A)(9). A divorce after felony lawyer Fredericksburg must understand how this fault-based ground interacts with equitable distribution under Va. Code § 20-107.3.
Official Legal Resources
Review the official Virginia statutes governing divorce and family law: Va. Code § 20-91 (divorce grounds — official Virginia General Assembly). For court procedures and filing information, visit the Fredericksburg General District Court website (.gov).
Insider Procedural Edge: Filing for Divorce After a Felony Conviction in Fredericksburg
In Fredericksburg Circuit Court, filing for divorce based on a felony conviction requires proof of the conviction and the one-year incarceration period. The court requires certified copies of the conviction order and incarceration records. A criminal conviction divorce lawyer Fredericksburg can help gather this evidence.
- Obtain certified copies of the felony conviction order from the convicting court.
- Gather incarceration records showing at least one year of imprisonment.
- File a complaint for divorce at Fredericksburg Circuit Court (701 Princess Anne St, Suite 200).
- Serve the incarcerated spouse through the Department of Corrections or sheriff’s office.
- Attend the hearing with your corroborating witness and evidence.
- Obtain the final divorce decree addressing property division and support.
In Fredericksburg, divorce based on felony conviction carries no additional penalty beyond the standard divorce process, but the fault ground may affect equitable distribution and spousal support.
| Issue | Classification | Impact on Divorce | Additional Considerations |
|---|---|---|---|
| Felony Conviction Grounds | Fault-Based | No waiting period required | Must prove 1+ year incarceration |
| Equitable Distribution | Fault May Be Considered | Court may award larger share to innocent spouse | Va. Code § 20-107.3 factors apply |
| Spousal Support | Fault May Be Considered | Conviction may affect support award | 13 statutory factors under § 20-107.1 |
| Child Custody | Best Interests Standard | Conviction is a factor under § 20-124.3 | Court considers 10 factors |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Fredericksburg Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, demonstrating deep legislative knowledge. The firm has achieved 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Our tagline is “Advocacy Without Borders.”
In Fredericksburg, we have 6 documented case results across all practice areas with an 83% favorable outcome rate. A Felony Conviction Divorce Lawyer Fredericksburg from our team understands the local court procedures and can guide you through this complex process.
Case Results in Fredericksburg
Law Offices Of SRIS, P.C. has 6 total documented case results across all practice areas in Fredericksburg, with an 83% favorable outcome rate. Firm-wide, we have achieved 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 Fredericksburg Location
Our Fairfax location is approximately 45 minutes from Fredericksburg Circuit Court, accessible via I-95, Route 1, Route 3, and Route 17.
We serve clients throughout Fredericksburg and the surrounding areas.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417
Meetings by appointment only.
Address: 4008 Williamsburg Court, Fairfax, VA 22032
Frequently Asked Questions About Divorce After a Felony Conviction in Fredericksburg
Can I get a divorce in Virginia if my spouse is convicted of a felony?
Yes. Virginia law allows divorce based on a felony conviction under Va. Code § 20-91(A)(3) if your spouse has been incarcerated for at least one year.
How long does a divorce take in Fredericksburg, Virginia?
It depends. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree. Contested divorce: 9-18 months. Felony conviction grounds may proceed faster since no waiting period is required.
How much does a divorce cost in Fredericksburg, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour).
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, personally amended by Mr. Sris.
How is child custody decided in Fredericksburg, Virginia?
Custody is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. A felony conviction is one factor the court considers.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment).
Related Legal Services
- Virginia Divorce & Family Law Lawyer
- Fairfax County Divorce Lawyer
- Fredericksburg Criminal Defense Lawyer
- Fredericksburg DUI Lawyer
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.