In Fauquier County, Virginia, a felony conviction can serve as grounds for divorce under Va. Code § 20-91(3), which allows a spouse to file for divorce 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 Fauquier County, Virginia
Under Virginia law, a felony conviction can be a fault-based ground for divorce. Va. Code § 20-91(3) provides that a divorce may be granted when a spouse has been convicted of a felony and has been incarcerated for at least one year following that conviction. This ground does not require a waiting period, unlike no-fault divorce which requires a separation of six months or one year. The spouse seeking the divorce must prove the conviction and the period of imprisonment. The case is filed at Fauquier County Circuit Court, which has jurisdiction over all divorce and equitable distribution matters in Fauquier County. 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 | Fauquier County 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 information on equitable distribution, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Fauquier County Circuit Court, prosecutors and family court judges routinely scrutinize felony conviction divorce filings for procedural compliance. We have observed that the court requires strict proof of both the conviction and the one-year imprisonment period. A certified copy of the conviction order is essential. The court also examines whether the spouse seeking the divorce has participated in the crime or condoned the behavior.
- Obtain a certified copy of the felony conviction order from the criminal court.
- Verify that the spouse has been imprisoned for at least one year following the conviction.
- File a complaint for divorce at Fauquier County Circuit Court, 6 Court Street, Warrenton, VA 20186.
- Serve the complaint on the incarcerated spouse through the appropriate correctional facility.
- Attend the final hearing with all required documentation.
- Obtain the final divorce decree from the court.
In Fauquier County, a felony conviction divorce under Va. Code § 20-91(3) carries specific legal consequences that affect property division, spousal support, and child custody arrangements.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault-based divorce ground | 1+ year imprisonment required | N/A (divorce proceeding) | N/A | May affect spousal support, equitable distribution, and custody |
Results may vary.
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. The firm has 68 documented case results in Fauquier County, with a 90% favorable outcome rate, reflecting deep familiarity with local court procedures and judges.
Law Offices Of SRIS, P.C. has 68 documented results in Fauquier County: 2 dismissed or not guilty, 57 reduced or amended, 9 other favorable — a favorable-outcome rate of 90%. Results may vary. Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ, with a 93%+ favorable outcome rate.
Our location in Fairfax is approximately 25 miles from Fauquier County Circuit Court, with access via I-66 and Route 29. If you need a felony conviction divorce lawyer near Fauquier County, we are here to help. Serving the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. 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 | (888) 437-7747
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Fauquier County
How long does a divorce take in Fauquier County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Fauquier County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Fauquier 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… 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 Fauquier County, Virginia?
The Circuit Court filing fee for divorce complaint is 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. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Fauquier 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). Fauquier County Circuit Court (6 Court Street, Warrenton, VA 20186) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Fauquier County, Virginia?
Custody in Fauquier 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. Fauquier County J&DR Court handles standalone custody. Fauquier County Circuit Court handles custody within divorce cases. 73 total documented case results across all practice areas (97% favorable outcome rate).
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 Fauquier County 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.
Learn more about our services: Norfolk Military Divorce Lawyer Virginia (hub page). Explore related practice areas: Family Law Lawyer Albemarle County, Family Law Lawyer Alexandria, and Family Law Lawyer Arlington County. Also see: Business Formation Lawyer Fauquier County and Intellectual Property Contract Lawyer Fauquier County.
Last verified: April 2026
Attorney responsible for this advertising: Mr. Sris.