A felony conviction divorce in Alexandria, Virginia, is a fault-based ground under Va. Code § 20-91, allowing a spouse to file for divorce without a waiting period if the other spouse has been convicted of a felony and imprisoned for at least one year. Law Offices Of SRIS, P.C.
Felony Conviction Divorce Lawyer in Alexandria, Virginia
Under Virginia law, a felony conviction can serve as a fault ground for divorce. Va. Code § 20-91(A)(3) provides that a divorce may be granted if a spouse has been convicted of a felony and has been imprisoned for at least one year. This ground does not require a separation period, unlike no-fault divorces which require 6 months (with a signed separation agreement and no minor children) or 1 year (with minor children). The divorce is filed at the Alexandria Circuit Court, located at 520 King Street, 2nd Floor, Alexandria, VA 22320. The court will review the conviction and imprisonment records to determine if the statutory requirements are met. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience.
Last verified: April 2026 | Alexandria Circuit Court | Virginia General Assembly — official site
For the full text of the statute governing felony conviction as a ground for divorce, see Va. Code § 20-91 (Virginia General Assembly — official site). For information on the Alexandria Circuit Court’s procedures and filing requirements, visit Alexandria Circuit Court (Virginia Courts — official site).
In the Alexandria Circuit Court, prosecutors and family court judges routinely scrutinize felony conviction divorce filings for procedural compliance. We have observed that the court requires strict adherence to the one-year imprisonment requirement — any gap in incarceration can delay or defeat the claim.
- Obtain certified copies of the felony conviction judgment and sentencing order from the convicting court.
- Verify that the imprisonment period meets or exceeds one year, as required by Va. Code § 20-91(A)(3).
- File a complaint for divorce at the Alexandria Circuit Court, including the certified documents.
- Serve the complaint on the incarcerated spouse through the sheriff’s office or a private process server.
- Attend the evidentiary hearing to present the conviction and imprisonment evidence.
- Obtain the final decree of divorce from the court.
In Alexandria, a felony conviction divorce under Va. Code § 20-91 carries no direct criminal penalties, but the divorce proceeding itself can result in significant financial and custodial consequences.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault Ground | 1+ year imprisonment (required) | N/A (criminal penalties already imposed) | N/A | Divorce granted; potential impact on spousal support, property division, and custody |
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%. The firm has handled 79 documented case results in Alexandria, with 18 dismissals and 30 reductions. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Law Offices Of SRIS, P.C. has 79 documented results in Alexandria: 18 dismissed or not guilty, 30 reduced or amended — a favorable-outcome rate of 61%. Results may vary. Firm-wide, SRIS has handled 4,739+ documented case results across VA, MD, DC, NY and NJ with over 93% favorable outcomes.
Our location in Arlington is approximately 5 miles from the Alexandria Circuit Court, with access via I-395 and Route 1. We serve as a felony conviction divorce lawyer near Alexandria. Serving the communities of Alexandria, Old Town, Del Ray, and Kingstowne. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our Location: 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209 | (703) 589-9250 | By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Alexandria
How long does a divorce take in Alexandria (City), Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Alexandria (City) Juvenile & Domestic Relations District Court (custody/support/protective orders) and Alexandria (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 Alexandria, 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 Alexandria 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). Alexandria Circuit Court (520 King Street, 2nd Floor, Alexandria, VA 22320) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Alexandria, Virginia?
Custody in Alexandria 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. Alexandria J&DR Court handles standalone custody. Alexandria Circuit Court handles custody within divorce cases. SRIS actively practices here — firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes.
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 Alexandria 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. Explore related pages: Family Law Lawyer Albemarle County, Family Law Lawyer Arlington County, and Operating Agreement Lawyer Alexandria.
Last verified: April 2026. This page was last updated on 2026-04-28.