In Albemarle County, Virginia divorce is governed by Va. Code § 20-91, requiring a 6-month or 1-year separation. Law Offices Of SRIS, P.C. has 30 documented case results in Albemarle County. A Felony Conviction Divorce Lawyer Albemarle County can help you handle the specific grounds related to a spouse’s felony conviction.
Divorce & Family Law Attorney in Albemarle County, Virginia
Virginia Divorce Law and Felony Conviction Grounds
Virginia law provides specific grounds for divorce under Va. Code § 20-91. One fault-based ground is a felony conviction where the spouse has been convicted of a felony and imprisoned for one year or more. A Felony Conviction Divorce Lawyer Albemarle County understands how this ground applies in the Sixteenth Judicial District. The statute requires proof of the conviction and the one-year imprisonment period. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, the equitable distribution statute, giving the firm unique insight into how property division intersects with divorce based on a criminal conviction.
Last verified: April 2026 | Albemarle County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Official Legal Resources
- Va. Code § 20-91 (Divorce Grounds) — Virginia General Assembly
- Albemarle County General District Court — Official Court Website
Insider Procedural Edge: Albemarle County Divorce Process
Albemarle County Circuit Court handles all divorce filings at 350 Park Street, Charlottesville. The court requires a corroborating witness for uncontested divorces. A divorce after felony lawyer Albemarle County must present certified conviction records to the court.
- Gather certified copies of the felony conviction and imprisonment records.
- File a complaint for divorce at Albemarle County Circuit Court, citing Va. Code § 20-91(3).
- Serve the incarcerated spouse through the Department of Corrections or sheriff’s office.
- Attend the pendente lite hearing for temporary support and custody orders.
- Proceed to final hearing with corroborating witness testimony.
- Obtain final divorce decree addressing equitable distribution and support.
In Albemarle County, divorce based on felony conviction carries specific procedural requirements under Va. Code § 20-91.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Divorce Ground) | Fault-Based Ground | 1+ year imprisonment required | Circuit Court filing fee: ~$86 | None | Equitable distribution may favor the non-convicted spouse |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Albemarle County Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. The firm has achieved 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, demonstrating the firm’s deep influence on Virginia family law. A criminal conviction divorce lawyer Albemarle County from our team understands how a spouse’s felony conviction affects property division and support obligations.
Albemarle County Case Results
Law Offices Of SRIS, P.C. has 30 total documented case results across all practice areas in Albemarle County, with a 100% favorable outcome rate. These include dismissals for reckless driving charges and amended charges for driving suspended cases.
Results may vary. Prior results do not guarantee a similar outcome.
Our Albemarle County Legal Services
Our Richmond Location serves clients at Albemarle County courts (350 Park Street), accessible via I-64, Route 29, Route 250, and Route 20. We serve the Charlottesville area, Crozet, Earlysville, Ivy, and North Garden. A Felony Conviction Divorce Lawyer Albemarle County is available for your case.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Divorce in Albemarle County
How long does a divorce take in Albemarle County, Virginia?
Yes. Uncontested divorce with signed separation agreement takes 2-4 months from filing to final decree. Contested divorce takes 9-18 months. Complex equitable distribution with business valuation takes 12-24 months.
How much does a divorce cost in Albemarle County, Virginia?
It depends. Circuit Court filing fee for divorce complaint is approximately $86. Sheriff service of process costs approximately $12. Private process server costs $50-$100. Guardian ad Litem for custody typically costs $500-$2,500+. Mediation costs $100-$300/hour per party.
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).
How is child custody decided in Albemarle County, Virginia?
It depends. Custody in Albemarle County is based on the best 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.
What are the grounds for divorce in Virginia?
Yes. No-fault grounds include 6-month separation (no minor children with signed agreement) or 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion (1 year), and felony conviction (1+ year imprisonment).
Can I get a divorce if my spouse is in prison for a felony?
Yes. Virginia law allows divorce on the ground of felony conviction where the spouse has been convicted of a felony and imprisoned for one year or more. A Felony Conviction Divorce Lawyer Albemarle County can help you file this ground.
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.