In Fredericksburg, Virginia, divorce requires a 6-month or 1-year separation under Va. Code § 20-91; Law Offices Of SRIS, P.C. has 6 documented case results in Fredericksburg. A Felony Conviction Divorce Lawyer Fredericksburg can help you handle fault-based divorce grounds when a spouse is incarcerated.
Virginia law provides for divorce on both no-fault and fault grounds. Under Va. Code § 20-91, no-fault divorce requires a separation period of 6 months (if no minor children and a signed separation agreement exists) or 1 year (if minor children are involved). Fault grounds include adultery, cruelty, desertion for 1 year, and felony conviction with imprisonment for 1 year or more. A Felony Conviction Divorce Lawyer Fredericksburg can advise on how a spouse’s felony conviction affects divorce proceedings under Virginia law. The firm was founded in 1997 by former prosecutor Mr. Sris.
Last verified: April 2026 | Fredericksburg General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For divorce based on a spouse’s felony conviction, Va. Code § 20-91(A)(3) specifically allows divorce when a spouse has been convicted of a felony and confined in a state or federal correctional facility for at least one year. A Felony Conviction Divorce Lawyer Fredericksburg understands this specific statutory ground and can help you file the appropriate complaint at Fredericksburg Circuit Court.
Review the official statute at Va. Code § 20-91 (official Virginia General Assembly). Court information is available at the Fredericksburg General District Court website.
Fredericksburg Circuit Court handles all divorce, equitable distribution, and spousal support matters. Fredericksburg Juvenile and Domestic Relations Court handles standalone custody, visitation, child support, and protective orders. Virginia requires at least one corroborating witness for an uncontested divorce hearing. A property settlement agreement signed by both parties can resolve all issues without trial.
- File a divorce complaint at Fredericksburg Circuit Court (701 Princess Anne St, Suite 200).
- Serve the incarcerated spouse through the correctional facility’s legal mail system.
- File a motion for pendente lite relief if temporary support or custody is needed.
- Attend the pendente lite hearing (typically set within 21-60 days of motion).
- Complete discovery on marital assets, including any assets the incarcerated spouse may hold.
- Attend final hearing or submit agreed final decree for the judge’s signature.
In Fredericksburg, divorce based on felony conviction carries no separate penalty — the divorce itself is the remedy, but the incarcerated spouse’s rights to property division and spousal support may be affected.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (grounds for divorce) | Fault-based ground under Va. Code § 20-91(A)(3) | 1+ year confinement required | N/A | N/A | May affect equitable distribution; incarcerated spouse may have limited ability to contest |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has documented 4,739+ case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a landmark achievement that directly impacts how marital property is divided in Fredericksburg divorce cases. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris (Owner & CEO, Managing Attorney) also handles complex family law matters in Fredericksburg. Mr. Sris is a former prosecutor who founded the firm in 1997 and personally amended Va. Code § 20-107.3. He is admitted to practice in VA, MD, DC, NJ, and NY.
Law Offices Of SRIS, P.C. has 6 total documented case results across all practice areas in Fredericksburg, with an 83% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is approximately 45 minutes from Fredericksburg Circuit Court (701 Princess Anne St), accessible via I-95, Route 1, Route 3, and Route 17.
Family law lawyer near Fredericksburg — serving Fredericksburg and surrounding areas.
Neighborhoods served: Fredericksburg.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Q: How long does a divorce take in Fredericksburg, Virginia?
It depends. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree. Contested divorce: 9-18 months. Complex equitable distribution with business valuation or retirement assets: 12-24 months. Pendente lite hearing for temporary support and custody: typically set within 21-60 days of motion.
Q: How much does a divorce cost in Fredericksburg, 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.
Q: 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). Fredericksburg Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
Q: How is child custody decided in Fredericksburg, Virginia?
Custody in Fredericksburg 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. Fredericksburg J&DR Court handles standalone custody. Fredericksburg Circuit Court handles custody within divorce cases.
Q: 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 Fredericksburg Circuit Court.
Q: Can I get a divorce if my spouse is in prison in Virginia?
Yes. Va. Code § 20-91(A)(3) allows divorce on the ground of felony conviction when the spouse has been confined for at least one year. A Felony Conviction Divorce Lawyer Fredericksburg can help you file the appropriate complaint and serve the incarcerated spouse through the correctional facility.
Virginia Family Law Lawyer — Fairfax County Family Law Lawyer — Fredericksburg Criminal Defense Lawyer
Bryan Block Profile — Fairfax Office Location
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.