In Alexandria, Virginia, a felony conviction with imprisonment for one year or more is a fault ground for divorce under Va. Code § 20-91. Law Offices Of SRIS, P.C. has handled 4,739+ documented case results firm-wide. A Felony Conviction Divorce Lawyer Alexandria can explain how this affects your case.
Virginia Divorce Law and Felony Conviction Grounds
Virginia law provides specific grounds for divorce when a spouse has been convicted of a felony. Under Va. Code § 20-91(A)(3), a divorce may be granted on the grounds of a felony conviction where the spouse has been sentenced to confinement for one year or more. This is a fault-based ground, meaning you do not need to wait the standard separation period of six months or one year. The conviction must be final, and the incarceration must be for at least one year. The Alexandria Circuit Court, located at 520 King Street, 2nd Floor, Alexandria, VA 22320, handles all divorce matters in the city. A Felony Conviction Divorce Lawyer Alexandria can help you file the appropriate complaint and gather the necessary documentation, including the certified conviction order and sentencing order. Mr. Sris, founder of the firm, personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, which governs how marital property is divided in divorce cases, including those involving a convicted spouse.
Last verified: April 2026 | Alexandria General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Official Legal Resources
For the complete text of Virginia’s divorce laws, review Va. Code § 20-91 (official Virginia General Assembly). For court procedures and filing information, visit the Alexandria General District Court website.
Insider Procedural Edge: Filing for Divorce on Felony Grounds in Alexandria
In Alexandria Circuit Court, a divorce based on a felony conviction requires certified copies of the conviction and sentencing order. The court will verify the length of incarceration.
Your spouse’s criminal defense attorney may try to delay the divorce by challenging the finality of the conviction. A divorce after felony lawyer Alexandria can anticipate these tactics.
- Obtain certified copies of the felony conviction and sentencing order from the convicting court.
- File a Complaint for Divorce at the Alexandria Circuit Court, citing Va. Code § 20-91(A)(3).
- Serve the incarcerated spouse through the Department of Corrections or sheriff’s office.
- Attend a pendente lite hearing for temporary support and custody if needed.
- Proceed to final hearing or negotiate a property settlement agreement.
- Obtain the final divorce decree from the Alexandria Circuit Court.
In Alexandria, a divorce based on a felony conviction carries no direct criminal penalty, but the convicted spouse may face significant disadvantages in property division and spousal support.
| Issue | Classification | Impact on Convicted Spouse | Impact on Non-Convicted Spouse | Additional Consequences |
|---|---|---|---|---|
| Divorce Grounds | Fault-Based | No waiting period required | Can file immediately | Must prove conviction and 1+ year sentence |
| Equitable Distribution | Court Discretion | May receive reduced share of marital property | May receive larger share | Court considers fault under Va. Code § 20-107.3 |
| Spousal Support | Court Discretion | May be barred or reduced | May receive increased support | Court considers incarceration and earning capacity |
| Child Custody | Best Interests | Significant barrier to custody | Likely primary custody | Court considers incarceration as factor |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Alexandria Felony Conviction Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your case. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in all Virginia divorces, including those involving a convicted spouse. This is a unique credential that no other firm can claim. The firm has handled 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. Our team includes Samantha Rae Powers, who leads our Virginia family law practice. Ms. Powers holds a J.D./M.A. from the University of Florida (2005) and a Ph.D. in Communication from UCSB (2017), with over 18 years of experience. She is admitted to the Virginia Bar (2023) and Florida Bar (2005). A criminal conviction divorce lawyer Alexandria client can rely on our firm’s deep understanding of both criminal and family law.
Case Results in Alexandria
Firm-wide, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with over 93% favorable outcomes. In Alexandria, we have obtained dismissals (nolle prosequi) in assault cases at the Alexandria General District Court.
Results may vary. Prior results do not guarantee a similar outcome.
Our Alexandria Location
Our Arlington location serves clients at the Alexandria courts (520 King Street). We are accessible via major highways and serve the neighborhoods of Alexandria, Old Town, Del Ray, and Kingstowne.
Looking for a Felony Conviction Divorce Lawyer Alexandria near you? We represent clients throughout Alexandria and the surrounding areas.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Alexandria
How long does a felony conviction divorce take in Alexandria?
It depends. An uncontested divorce based on a felony conviction can take 2-4 months from filing. A contested case involving property division or custody may take 9-18 months. The Alexandria Circuit Court sets pendente lite hearings within 21-60 days of a motion.
Can I get a divorce if my spouse is in prison in Virginia?
Yes. Virginia law allows divorce on the grounds of a felony conviction with imprisonment for one year or more. You must file at the Alexandria Circuit Court and serve the incarcerated spouse through the Department of Corrections.
Will my spouse’s felony conviction affect child custody in Alexandria?
Yes. The court considers the best interests of the child under Va. Code § 20-124.3. A felony conviction and incarceration are significant factors that may limit the convicted parent’s custody and visitation rights. The Alexandria J&DR Court handles standalone custody matters.
How is property divided when a spouse is convicted of a felony in Virginia?
Virginia is an equitable distribution state under Va. Code § 20-107.3, personally amended by Mr. Sris. The court considers fault, including the felony conviction, when dividing marital property. The convicted spouse may receive a reduced share.
Do I need a lawyer for a felony conviction divorce in Alexandria?
Yes. A Felony Conviction Divorce Lawyer Alexandria can help you handle the complex intersection of criminal and family law. The process involves gathering certified conviction documents, filing at the correct court, and protecting your rights to property and custody.
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.