A felony conviction in Virginia can serve as grounds for divorce under Va. Code § 20-91, with no waiting period required. Law Offices Of SRIS, P.C. has 145 documented case results in Warren County. A Felony Conviction Divorce Lawyer Warren County handles these complex family law matters.
Last verified: April 2026 | Warren County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law provides specific grounds for divorce when a spouse is convicted of a felony. Under Va. Code § 20-91(A)(3), a divorce may be granted if your spouse has been convicted of a felony and sentenced to imprisonment for one year or more. This fault-based ground requires no separation period — you can file immediately after the conviction and sentence. The Warren County Circuit Court at 1 East Main Street, Front Royal, VA 22630 handles all divorce filings in Warren County. A divorce after felony lawyer Warren County can explain how this statute applies to your specific situation.
For more information, review the Va. Code § 20-91 divorce grounds statute and the Warren County General District Court website.
In Warren County Circuit Court, a felony conviction divorce requires certified copies of the conviction and sentencing order. The court will verify the conviction and sentence length before granting the divorce. A criminal conviction divorce lawyer Warren County can help gather these documents.
- Obtain certified copies of the felony conviction and sentencing order from the criminal court.
- File a complaint for divorce at the Warren County Circuit Court, citing Va. Code § 20-91(A)(3).
- Serve the incarcerated spouse through the Department of Corrections or sheriff’s office.
- Attend the uncontested hearing with your corroborating witness.
- Receive the final divorce decree from the Warren County Circuit Court.
In Warren County, a felony conviction divorce under Va. Code § 20-91 carries no additional penalty beyond the existing criminal sentence.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony conviction (grounds for divorce) | Fault-based divorce ground | 1+ year imprisonment required | N/A — criminal fine separate | N/A | No separation period needed; equitable distribution still applies |
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 4,739+ documented case results firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, demonstrating deep family law experience. The firm handles family law matters throughout Warren County and the Shenandoah Valley.
Law Offices Of SRIS, P.C. has 145 total documented case results across all practice areas in Warren County, with a 96% 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 Shenandoah/Woodstock Location serves clients at Warren County courts (1 East Main Street, Front Royal, VA 22630), accessible via I-66, I-81, Route 522, Route 340, and Route 55.
Felony conviction divorce lawyer near Front Royal — serving Front Royal and Linden.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
By appointment only.
Can you get a divorce if your spouse is in prison in Virginia?
Yes. Under Va. Code § 20-91(A)(3), a felony conviction with a sentence of one year or more is grounds for divorce. No separation period is required. A Felony Conviction Divorce Lawyer Warren County can file immediately after the conviction and sentence.
How long does a felony conviction divorce take in Warren County?
It depends. An uncontested felony conviction divorce typically takes 2-4 months from filing to final decree. Since no separation period is required, the timeline depends on court scheduling and service of process on the incarcerated spouse.
Do you need a separation agreement for a felony conviction divorce?
No. A separation agreement is not required for a fault-based divorce based on felony conviction. However, you may still need to address property division, child custody, and support through the court or a separate agreement.
Can you get spousal support if your spouse is in prison?
It depends. The court considers 13 factors under Va. Code § 20-107.1 for spousal support. An incarcerated spouse’s ability to pay is a significant factor. A Felony Conviction Divorce Lawyer Warren County can evaluate your specific circumstances.
What happens to marital property in a felony conviction divorce?
Equitable distribution under Va. Code § 20-107.3 still applies. The court divides marital property fairly based on 11 factors. An incarcerated spouse’s contributions and the marital estate are evaluated. Mr. Sris personally amended this statute.
Last verified: April 2026. Information updated as of 2026-04-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Virginia Family Law Lawyer — Shenandoah County Family Law Lawyer — Frederick County Family Law Lawyer — Warren County Criminal Defense Lawyer — Warren County DUI Lawyer