Felony Conviction Divorce Lawyer in Augusta County, Virginia
In Augusta County, Virginia, a felony conviction can serve as grounds for divorce under Va. Code § 20-91, allowing you to file immediately without a separation period if your spouse has been convicted of a felony and imprisoned for one year or more. Law Offices Of SRIS, P.C.
Understanding Felony Conviction as Grounds for Divorce Under Virginia Law
Under Va. Code § 20-91, a felony conviction is one of several fault-based grounds for divorce in Virginia. If your spouse has been convicted of a felony and is serving a sentence of one year or more, you may file for divorce immediately — no waiting period or separation requirement applies. This statute provides a path to dissolve the marriage without the typical 6-month or 1-year separation period required for no-fault divorces. The conviction must be final and the imprisonment must be ongoing or completed. The court at Augusta County Circuit Court (6 East Johnson Street, 2nd Floor, Staunton, VA 24401) handles these matters. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience to clients facing complex divorce scenarios involving criminal convictions.
Last verified: April 2026 | Augusta County Circuit Court | Virginia General Assembly — official site
Official Legal References
For the full text of the divorce statute, visit Va. Code § 20-91 (Virginia General Assembly — official site). For information on equitable distribution, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
Local Procedural Insights for Augusta County
In Augusta County Circuit Court, prosecutors and family court judges routinely scrutinize felony conviction divorce petitions to ensure the conviction is final and the imprisonment meets the one-year threshold. We have observed that the court requires certified copies of the conviction order and sentencing documents. Failure to provide proper documentation can delay the divorce process significantly.
- Obtain certified copies of the felony conviction order and sentencing documents from the convicting court.
- File a verified complaint for divorce at Augusta County Circuit Court, citing Va. Code § 20-91(3) as grounds.
- Serve the incarcerated spouse through the Department of Corrections or sheriff’s office.
- Attend a hearing to present evidence of the conviction and imprisonment.
- Receive a final decree of divorce — typically within 2-4 months if uncontested.
In Augusta County, Virginia, a felony conviction divorce under Va. Code § 20-91 carries no additional penalties beyond the dissolution of marriage, but the underlying felony conviction may affect spousal support, custody, and property division.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault-based divorce ground | 1+ year imprisonment (required for filing) | N/A (divorce proceeding) | None directly | May affect spousal support, custody, and property division |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Felony Conviction Divorce?
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. Our firm understands the unique challenges of divorcing a spouse who has been convicted of a felony, including issues of incarceration, loss of income, and impact on child custody. We provide strategic guidance grounded in decades of family law and criminal defense experience.
Case Results in Augusta County
Law Offices Of SRIS, P.C. has 13 documented results in Augusta County: 0 dismissed or not guilty, 13 reduced or amended — a favorable outcome in all reported instances. While these results are primarily in traffic matters, they demonstrate our firm’s commitment to achieving favorable outcomes for clients in Augusta County courts. Results may vary.
Our Location and Service Area
Our location in Woodstock is approximately 45 miles from Augusta County Circuit Court in Staunton, with access via I-81 and Route 11.
Searching for a felony conviction divorce lawyer near Augusta County? We serve the communities of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St, Suite 103, Woodstock, VA 22664
Phone: (888) 437-7747 | By appointment only
Frequently Asked Questions About Felony Conviction Divorce in Augusta County
How long does a divorce take in Augusta County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Augusta County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Augusta County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. 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. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
Uncontested divorces in Augusta County typically resolve in 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Augusta 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. Cases filed at Augusta County General District Court.
The filing fee for divorce in Augusta County Circuit Court is approximately $86, plus service and other costs.
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). Augusta County Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state, not a community property state.
How is child custody decided in Augusta County, Virginia?
Custody in Augusta County is based on the experienced 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. Augusta County J&DR Court handles standalone custody. Augusta County Circuit Court handles custody within divorce cases.
Child custody in Augusta County is decided based on the experienced interests of the child under Va. Code § 20-124.3.
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 Augusta County Circuit Court.
Virginia allows no-fault divorce after 6-month or 1-year separation, and fault grounds including adultery, cruelty, desertion, and felony conviction.
How does a Virginia lawyer defend against felony conviction divorce charges?
Defense strategies for felony conviction divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (grounds for divorce) to build the strongest possible defense.
A Virginia lawyer may challenge evidence, examine procedural compliance, and negotiate to defend against felony conviction divorce charges.
What should I do if I am facing felony conviction divorce charges in Virginia?
If facing felony conviction divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
Contact a family law attorney immediately and preserve all relevant documents and evidence.
What are the penalties for felony conviction divorce in Virginia?
Penalties for felony conviction divorce in Virginia depend on the specific charges, prior record, and circumstances. Under Va. Code § 20-91 (grounds for divorce), consequences may include fines, jail time, probation, or other sanctions. Consult a Virginia family law attorney for case-specific guidance.
Penalties for felony conviction divorce in Virginia depend on the specific charges and circumstances under Va. Code § 20-91.
Related Legal Resources
Explore more:
- Norfolk Military Divorce Lawyer Virginia (State Hub)
- Family Law Lawyer Albemarle County (Sibling Page)
- Family Law Lawyer Alexandria (Sibling Page)
- Trespass Defense Lawyer Augusta County (Related Practice Area)
- DUI Lawyer Augusta County (Related Practice Area)
Last updated: 2026-04-28 | This page is regularly reviewed and updated to reflect current Virginia law and court procedures.