Arlington County Felony Conviction Divorce Lawyer — How Does a Felony Impact Your Divorce?
A felony conviction is a fault ground for divorce in Virginia under Va. Code § 20-91(A)(3), requiring a one-year separation after imprisonment begins. A felony conviction divorce lawyer Arlington County from Law Offices Of SRIS, P.C. can handle the complex legal and custody implications. Our Arlington location has handled 115 documented local cases. We provide 24/7 consultations.
Last verified: April 2026 | Arlington County Circuit Court | Virginia General Assembly
Virginia Law on Divorce After a Felony Conviction
Virginia law explicitly lists a felony conviction as a fault-based ground for divorce. Under Va. Code § 20-91(A)(3), a spouse may file for divorce if the other spouse has been convicted of a felony, sentenced to confinement for more than one year, and has been confined for at least one year after the final judgment of conviction. This statute creates a distinct, accelerated path to divorce compared to no-fault separations. The felony must be proven by a certified copy of the final order of conviction. A felony conviction divorce lawyer Arlington County is essential to correctly file under this statute and address related issues like equitable distribution and child custody, which are heavily influenced by a parent’s criminal record.
- Gather the certified final order of conviction and sentencing documents.
- File a Complaint for Divorce citing Va. Code § 20-91(A)(3) at the Arlington County Circuit Court.
- Serve the complaint on your spouse through a sheriff or process server.
- Attend hearings to address related matters like property division, support, and custody, where the conviction will be a central factor.
- Present the conviction as evidence at the final divorce hearing to satisfy the statutory ground.
Key Legal Citations and Resources
Understanding the specific statutes governing your case is critical. The primary law is Va. Code § 20-91 (official Virginia General Assembly site), which details all grounds for divorce. For custody matters, which are profoundly affected by a criminal record, refer to Va. Code § 20-124.3 on the best interests of the child. All filings for divorce after a felony in Arlington County are handled by the Arlington County Circuit Court.
In Arlington County, a felony conviction can be grounds for divorce, drastically affect child custody determinations, and influence the division of marital assets and debts under equitable distribution principles.
Potential Consequences in a Divorce
| Legal Area | Potential Impact of a Felony Conviction |
|---|---|
| Divorce Grounds | Establishes fault, allowing for divorce after one year of confinement (Va. Code § 20-91(A)(3)). |
| Child Custody | Court must consider criminal history under Va. Code § 20-124.3; violent or drug felonies can lead to supervised visitation or loss of custody. |
| Child Support | Obligation remains, but incarceration may affect income calculation and payment ability. |
| Spousal Support | Fault, including a felony, can bar a spouse from receiving support or reduce the amount awarded. |
| Property Division | Court may consider marital waste or dissipation of assets related to criminal activity. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Divorce After a Felony Conviction
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep legislative insight. Our firm has achieved 4,739+ case results with a 93%+ favorable outcome rate firm-wide. In Arlington County, we have 115 documented case results. We understand how a criminal conviction divorce lawyer Arlington County must build a strategy that addresses both the family court and any ongoing criminal appeals or probation matters.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Documented Case Results in Arlington County
Our firm’s approach is informed by a history of favorable outcomes. In Arlington County courts, we have secured dismissals and favorable dispositions in numerous challenging cases. For instance, we have successfully argued for the dismissal of assault charges in Arlington County General District Court. Mr. Sris, our managing attorney and a former prosecutor with multi-state bar admissions, provides the high-level strategy for complex cases involving both criminal and family law intersections.
Results may vary. Prior results do not guarantee a similar outcome.
Arlington County Felony Conviction Divorce Lawyer Near You
Our Arlington location is minutes from the Arlington County Circuit Court at 1425 N. Courthouse Rd. We serve clients in Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. 24/7 phone consultations — 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: Divorce After a Felony Conviction
Is a felony conviction grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91(A)(3), a felony conviction with a sentence of more than one year, where the spouse has been confined for at least one year, is a specific fault ground for divorce. This can be used instead of waiting for a no-fault separation period.
How does a felony conviction affect child custody in Arlington County?
It depends heavily on the nature of the felony. Arlington County judges must consider the criminal record under the “best interests of the child” factors in Va. Code § 20-124.3. Violent, sexual, or drug-related felonies often lead to restricted or supervised visitation to ensure child safety.
Can I get spousal support if my spouse divorces me because of my felony?
It depends. Virginia law allows a court to deny spousal support to a spouse found to be at fault. A felony conviction constituting a ground for divorce is considered fault, which can bar or significantly reduce an award of spousal support.
What if my felony conviction is being appealed?
An appeal may complicate the divorce. The Circuit Court may stay the divorce proceeding on the felony ground until the appeal is resolved. A criminal conviction divorce lawyer Arlington County can advise on whether to proceed under a different ground or seek a continuance.
Do I need a different lawyer for my divorce and my criminal case?
Not necessarily. While a criminal defense attorney handles the appeal or probation matters, a family law attorney from our firm can handle the divorce. We collaborate to ensure strategies are aligned, especially when the criminal case impacts custody or support issues.
Internal Resources and Next Steps
If you are facing divorce after felony lawyer Arlington County proceedings, immediate legal advice is crucial. For more on Virginia divorce law, visit our Virginia Family Law hub page. We also assist with related matters like criminal defense in Arlington County. To discuss your case with a felony conviction divorce lawyer Arlington County, contact us 24/7.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.