In Stafford County, a felony conviction can serve as grounds for divorce under Va. Code § 20-91(A)(3) if your spouse has been imprisoned for one year or more. The Law Offices Of SRIS, P.C. has 119 documented case results in Stafford County. A Felony Conviction Divorce Lawyer Stafford County can help you file at the Stafford County Circuit Court.
Virginia Divorce Law for Felony Convictions
Virginia law provides specific grounds for divorce when a spouse has been convicted of a felony. Under Va. Code § 20-91(A)(3), a divorce may be granted on the grounds of a felony conviction where the offending spouse has been confined in a correctional facility for one year or more. This is a fault-based ground for divorce, meaning you do not need to wait the standard separation period of six months or one year. The statute requires proof of the conviction and the period of confinement. A Felony Conviction Divorce Lawyer Stafford County can assist you in gathering the necessary documentation, including the judgment order from the criminal court. This ground applies regardless of whether the conviction occurred in Virginia or another jurisdiction.
Last verified: April 2026 | Stafford County General District Court | Virginia General Assembly
Official Resources for Stafford County Divorce
For official information on divorce procedures in Stafford County, consult the Stafford County General District Court website. The Circuit Court, located at 1300 Courthouse Road, Stafford, VA 22554, handles all divorce and equitable distribution matters. You can also review the full text of Va. Code § 20-91 for the complete statutory language regarding divorce grounds, including felony conviction provisions.
Insider Procedural Edge: Filing for Divorce After a Felony Conviction in Stafford County
In Stafford County Circuit Court, the process for filing a divorce based on a felony conviction requires specific documentation. You must submit the certified judgment of conviction and proof of the one-year confinement period. The court will review these documents to verify the grounds exist.
- Obtain a certified copy of the felony conviction judgment from the criminal court.
- Gather documentation proving the one-year or more confinement period.
- File a Complaint for Divorce at the Stafford County Circuit Court, 1300 Courthouse Road.
- Pay the filing fee of approximately $86 and arrange service of process on your spouse.
- Attend the hearing with your corroborating witness to testify to the grounds.
- Obtain the final divorce decree from the judge.
In Stafford County, a divorce based on felony conviction grounds carries no criminal penalty but affects property division, spousal support, and custody arrangements.
| Issue | Classification | Impact | Court Consideration | Additional Consequences |
|---|---|---|---|---|
| Divorce Grounds | Fault-based | No waiting period required | Va. Code § 20-91(A)(3) | May affect spousal support award |
| Equitable Distribution | Marital property | Court divides fairly, not equally | Va. Code § 20-107.3 | Conduct during marriage considered |
| Spousal Support | Discretionary | Based on 13 statutory factors | Va. Code § 20-107.1 | Felony conviction may reduce award |
| Child Custody | Best interests | 10-factor analysis | Va. Code § 20-124.3 | Incarceration affects parenting time |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Stafford County Divorce
Founded in 1997 by former prosecutor Mr. Sris, the 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 a deep understanding of family law at the legislative level. Our firm has 4,739+ documented case results across all practice areas with a 93%+ favorable outcome rate. We understand the unique challenges a Felony Conviction Divorce Lawyer Stafford County faces when handling cases involving incarcerated spouses and complex property division.
Our firm has 119 total documented case results across all practice areas in Stafford County, with a 100% 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.
Law Offices Of SRIS, P.C. — Fairfax Location
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax location is accessible via I-95, Route 1, Route 17, and Route 610, serving clients at the Stafford County courts (1300 Courthouse Road). We serve Stafford, Aquia Harbour, Brooke, and surrounding communities.
Looking for a divorce after felony lawyer Stafford County or a criminal conviction divorce lawyer Stafford County? Contact us today.
Frequently Asked Questions About Divorce After Felony Conviction in Stafford County
Can I get a divorce in Virginia if my spouse is in prison for a felony?
Yes. Virginia law allows divorce on the grounds of a felony conviction if your spouse has been confined for one year or more. You must provide a certified copy of the conviction order. No waiting period is required for this fault-based ground.
How long does a divorce take in Stafford County, Virginia?
It depends. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree. Contested divorce: 9-18 months. Complex equitable distribution with business valuation or retirement assets: 12-24 months. Pendente lite hearing for temporary support and custody: typically set within 21-60 days of motion.
How much does a divorce cost in Stafford County, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Pendente lite motion: additional court costs. Guardian ad Litem for custody: typically $500-$2,500+. Mediation: $100-$300/hour per party.
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). Stafford County Circuit Court handles all property division.
How is child custody decided in Stafford County, Virginia?
Custody in Stafford County 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. Stafford County J&DR Court handles standalone custody.
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). Filed at Stafford County Circuit Court.
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Last verified: April 2026. Information current as of February 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.