Felony Conviction Divorce Lawyer Fairfax, Virginia
If you are seeking a divorce in Fairfax County based on a felony conviction, Virginia law under Va. Code § 20-91 allows divorce on grounds of a felony conviction with 1+ year imprisonment. Law Offices Of SRIS, P.C. has 1,741 documented results in Fairfax County, including 575 dismissed or not guilty outcomes across all practice areas.
Virginia Law on Felony Conviction Divorce
Under Va. Code § 20-91, a divorce may be granted on the ground of a felony conviction where the spouse has been convicted of a felony and has been confined for at least one year. This fault-based ground allows you to file for divorce without the typical separation period required for no-fault divorces. The Fairfax County Circuit Court, located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030, handles all divorce and equitable distribution matters in Fairfax County. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience to every case.
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly — official site
Official Legal References
- Va. Code § 20-91 (Virginia General Assembly — official site) — Grounds for divorce including felony conviction.
- Va. Code § 20-107.3 (Virginia General Assembly — official site) — Equitable distribution statute personally amended by Mr. Sris.
Local Procedural Insight for Fairfax County
In Fairfax County Circuit Court, judges routinely require corroborating testimony for fault-based divorces, including those based on a felony conviction. We have observed that the court expects clear documentation of the conviction and incarceration period. A divorce after felony lawyer Fairfax can help you prepare the necessary evidence.
- Obtain certified copies of the felony conviction and incarceration records.
- File a complaint for divorce at Fairfax County Circuit Court.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend the hearing with corroborating witness testimony.
- Obtain the final decree of divorce from the court.
In Fairfax County, a felony conviction divorce under Va. Code § 20-91 carries specific legal consequences including the dissolution of marriage, potential spousal support obligations, and division of marital property.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (1+ year imprisonment) | Fault-based divorce ground | N/A (divorce proceeding) | Filing fee: ~$86 | None | Equitable distribution of marital property; potential spousal support |
Results may vary.
Why Choose Law Offices Of SRIS, P.C.?
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. 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. A criminal conviction divorce lawyer Fairfax from our firm understands the intersection of criminal and family law.
Documented Case Results in Fairfax County
Law Offices Of SRIS, P.C. has 1,741 documented results in Fairfax County: 575 dismissed or not guilty, 1,038 reduced or amended — a favorable-outcome rate of 96%. These results span all practice areas, including family law and criminal defense. Results may vary.
Our Fairfax Location
Our location in Fairfax is approximately 1.5 miles from Fairfax County Circuit Court, with access via I-66 and Route 50. As a Felony Conviction Divorce Lawyer Fairfax, we serve clients throughout the area. Serving the communities of Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and Falls Church area. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
(703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Fairfax County
How long does a divorce take in Fairfax County, Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Fairfax County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Fairfax 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.
How much does a divorce cost in Fairfax 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 Fairfax County General District Court.
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). Fairfax County Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Fairfax County, Virginia?
Custody in Fairfax 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. Fairfax County J&DR Court handles standalone custody. Fairfax County Circuit Court handles custody within divorce cases.
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 Fairfax County Circuit Court.
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.
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.
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.
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Last updated: 2026-04-28