Felony Conviction Divorce Lawyer in Falls Church, Virginia
Under Va. Code § 20-91, a felony conviction with imprisonment for one year or more constitutes grounds for divorce in Virginia. Law Offices Of SRIS, P.C. has 20 documented case results in Falls Church City, with a favorable outcome in all reported instances. A Felony Conviction Divorce Lawyer Falls Church can guide you through this complex process at Falls Church Circuit Court.
Virginia Code § 20-91(3) provides that 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 one year or more. This is a fault-based ground for divorce, meaning no separation period is required. The conviction must be final, and the imprisonment must be continuous. The spouse seeking the divorce must prove the conviction and the duration of confinement. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience to Falls Church family law matters.
Last verified: April 2026 | Falls Church Circuit Court | Virginia General Assembly — official site
For the full text of the divorce statute, see Va. Code § 20-91 (Virginia General Assembly — official site). For equitable distribution provisions, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Falls Church Circuit Court, prosecutors and judges routinely require strict proof of the felony conviction and the one-year imprisonment period. We have observed that certified copies of the conviction order and prison records are essential. The court will not accept mere allegations.
- Obtain certified copies of the felony conviction order from the convicting court.
- Secure official prison records showing continuous confinement for one year or more.
- File a complaint for divorce at Falls Church Circuit Court (300 Park Avenue, Suite 151W, Falls Church, VA 22046).
- Serve the incarcerated spouse with the divorce complaint through proper channels.
- Attend the final hearing with all required documentation.
- Obtain the final decree of divorce from the court.
In Falls Church, Virginia, a divorce on grounds of felony conviction under Va. Code § 20-91 carries no criminal penalty but affects property division, spousal support, and custody arrangements.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault-based ground under Va. Code § 20-91(3) | 1+ year imprisonment required | N/A (civil matter) | N/A | Equitable distribution, spousal support, custody determinations |
Results may vary.
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. This unique credential sets the firm apart in Falls Church family law matters.
Law Offices Of SRIS, P.C. has 20 documented case results in Falls Church City: 7 dismissed or not guilty, 13 reduced or amended — a favorable outcome in all reported instances. Results may vary. Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ.
Our location in Fairfax is approximately 3 miles from Falls Church Circuit Court (300 Park Avenue, Suite 151W, Falls Church, VA 22046), with access via Route 7 (Broad Street/Leesburg Pike) and I-495.
Looking for a divorce after felony lawyer Falls Church or a criminal conviction divorce lawyer Falls Church? We serve the community of Falls Church.
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 Falls Church
How long does a divorce take in Falls Church (City), Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Falls Church (City) Juvenile & Domestic Relations District Court (custody/support/protective orders) and Falls Church (City) 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… High-asset or international-element cases can extend longer. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
How much does a divorce cost in Falls Church, 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 Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Falls Church 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). Falls Church Circuit Court (300 Park Avenue, Suite 151W, Falls Church, VA 22046) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Falls Church, Virginia?
Custody in Falls Church 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. Falls Church J&DR Court handles standalone custody. Falls Church Circuit Court handles custody within divorce cases. 24 total documented case results across all practice areas (favorable outcome in all reported instances).
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 Falls Church Circuit Court. 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.
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.
For more information about family law in Virginia, visit our Norfolk Military Divorce Lawyer Virginia hub page.
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Last verified: April 2026. This page was generated on 2026-04-29.