A felony conviction can be grounds for divorce in Fairfax County under Va. Code § 20-91(A)(3) if your spouse was 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 can explain your rights.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Under Virginia law, a felony conviction is a fault-based ground for divorce. Va. Code § 20-91(A)(3) allows you to file for divorce immediately if your spouse has been convicted of a felony and sentenced to imprisonment for one year or more. Unlike no-fault divorce, which requires a 6-month or 1-year separation period, this ground has no waiting period. The conviction must be final — not on appeal — and the imprisonment must be for at least one continuous year. This statutory provision provides a path to end a marriage when a spouse’s criminal conduct has led to incarceration, without requiring you to wait through the standard separation period.
For the complete statutory language, review Va. Code § 20-91 (official Virginia General Assembly). For court procedures, visit the Fairfax County General District Court website.
Fairfax County Circuit Court handles all divorce cases based on felony conviction grounds. The court requires proof of the conviction and sentence. You must provide certified copies of the conviction order and sentencing order.
- Obtain certified copies of the felony conviction and sentencing orders from the court where the conviction occurred.
- File a Complaint for Divorce at the Fairfax County Circuit Court, 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030.
- Include the specific grounds under Va. Code § 20-91(A)(3) in your complaint, citing the conviction and one-year imprisonment.
- Serve the incarcerated spouse through the Department of Corrections or the sheriff’s office in the jurisdiction where they are held.
- Attend the uncontested or contested hearing with your evidence of conviction and imprisonment.
- Obtain the final decree of divorce from the court.
In Fairfax County, a felony conviction divorce under Va. Code § 20-91(A)(3) allows immediate filing without a separation period.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault-Based Ground | 1+ year imprisonment required | N/A (divorce proceeding costs apply) | N/A | No waiting period; property division under Va. Code § 20-107.3; spousal support considerations |
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, which directly impacts property division in all Virginia divorces, including those based on felony conviction grounds. This amendment gives the firm unique authority in Fairfax County family law matters.
Mr. Sris, Owner & CEO and Managing Attorney, also oversees all complex family law matters at the firm. He personally amended Va. Code § 20-107.3 and brings over 25 years of experience to every case.
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. These results include dismissals, reductions, and favorable settlements in family law matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is near the Fairfax County courts, accessible via I-66 and the Capital Beltway. We serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Looking for a divorce after felony lawyer Fairfax or a criminal conviction divorce lawyer Fairfax? We are here to help.
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Q: 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 convicted of a felony and sentenced to one year or more in prison. No separation period is required.
Q: Does a felony conviction affect property division in a Fairfax County divorce?
It depends. Property division follows equitable distribution under Va. Code § 20-107.3. The court may consider the conviction and incarceration when dividing marital assets, but it is not automatic.
Q: How long does a felony conviction divorce take in Fairfax County?
An uncontested divorce based on felony conviction grounds typically takes 2-4 months from filing to final decree. Contested cases may take 9-18 months depending on complexity.
Q: What evidence do I need for a felony conviction divorce in Fairfax County?
You need certified copies of the felony conviction order and the sentencing order showing imprisonment for one year or more. The court requires these documents as proof.
Q: Can I get spousal support if my spouse is in prison for a felony?
It depends. The court considers 13 factors under Va. Code § 20-107.1 for spousal support. Your spouse’s incarceration and lack of income may affect the amount or duration of support.
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.