A felony conviction can serve as grounds for divorce in Fairfax County under Va. Code § 20-91(A)(3) if your spouse has been imprisoned for one year or more. Law Offices Of SRIS, P.C. has 1789 documented case results in Fairfax County. A Felony Conviction Divorce Lawyer Fairfax County can help you file immediately without the standard separation period.
Felony Conviction Divorce Lawyer Fairfax County — What Are Your Options?
Virginia Divorce Law for Felony Convictions
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 offending spouse has been sentenced to confinement for one year or more. This is a fault-based ground that allows you to file for divorce immediately — no waiting period is required. A Felony Conviction Divorce Lawyer Fairfax County can guide you through this process.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Official Resources
- Va. Code § 20-107.3 — Equitable Distribution Statute (amended by Mr. Sris)
- Fairfax County General District Court
Insider Procedural Edge: Filing for Divorce After a Felony Conviction
In Fairfax County Circuit Court, a felony conviction divorce bypasses the standard separation period entirely. You do not need to wait six months or one year to file. The court requires certified copies of the conviction and sentencing order. A divorce after felony lawyer Fairfax County can help you gather these documents and file your complaint immediately.
- Obtain certified copies of the felony conviction and sentencing order from the criminal court.
- File a Complaint for Divorce at Fairfax County Circuit Court (4110 Chain Bridge Road).
- Serve the incarcerated spouse with the divorce papers through the correctional facility.
- File a motion for default judgment if the spouse does not respond within 21 days.
- Attend the uncontested hearing (typically 15 minutes) to finalize the divorce decree.
In Fairfax County, a felony conviction divorce under Va. Code § 20-91(A)(3) allows immediate filing without separation. The Circuit Court filing fee is approximately $86.
| Ground | Classification | Waiting Period | Filing Fee | Additional Requirements | Key Consideration |
|---|---|---|---|---|---|
| Felony Conviction (1+ year imprisonment) | Fault-based | None | $86 | Certified conviction and sentencing order | No separation period required |
| No-Fault (no minor children) | No-fault | 6 months | $86 | Signed separation agreement | Requires living separate and apart |
| No-Fault (with minor children) | No-fault | 1 year | $86 | Signed separation agreement | Requires living separate and apart |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your 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 Virginia Code § 20-107.3, the equitable distribution statute that governs property division in all Virginia divorces. This is a documented, real-world achievement that no other family law attorney in Fairfax County can claim. Our firm has firm-wide 4,739+ total documented case results across all practice areas with a 93%+ favorable outcome rate. A Felony Conviction Divorce Lawyer Fairfax County from our team understands the unique challenges of divorcing an incarcerated spouse.
Fairfax County Case Results
Law Offices Of SRIS, P.C. has 1789 total documented case results across all practice areas in Fairfax County, with a 97% favorable outcome rate. Our results include dismissals, reductions, and favorable settlements in family law matters. A criminal conviction divorce lawyer Fairfax County can apply this experience to your case.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax Location
Our Fairfax location is minutes from the Fairfax County Circuit Court at 4110 Chain Bridge Road, accessible via I-66 and Route 50. We serve clients throughout Fairfax County including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Looking for a Felony Conviction Divorce Lawyer Fairfax County near you? Our Fairfax office is conveniently located to serve you.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Fairfax County
Can I file for divorce immediately after my spouse’s felony conviction in Fairfax County?
Yes. Under Va. Code § 20-91(A)(3), you can file immediately if your spouse was sentenced to one year or more in prison. No separation period is required.
How long does a felony conviction divorce take in Fairfax County?
It depends. An uncontested felony conviction divorce typically takes 2-4 months from filing to final decree. Contested cases involving property division or custody may take 9-18 months.
Do I need a separation agreement for a felony conviction divorce in Virginia?
No. A separation agreement is not required for a fault-based divorce on felony conviction grounds. However, a property settlement agreement can help resolve equitable distribution issues without trial.
Can I get spousal support if my spouse is incarcerated in Fairfax County?
It depends. The court considers 13 factors under Va. Code § 20-107.1. An incarcerated spouse’s ability to pay support is limited, but you may still be entitled to support from marital assets.
What documents do I need to file a felony conviction divorce in Fairfax County?
You need certified copies of the felony conviction order and sentencing order from the criminal court, a completed Complaint for Divorce, and the $86 filing fee. Your attorney can help gather these documents.
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.
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