Felony Conviction Divorce Lawyer Alexandria — Protecting Your Rights After a Criminal Conviction
A felony conviction can be grounds for divorce in Virginia under Va. Code § 20-91. If your spouse has been convicted of a felony and sentenced to confinement for one year or more, you may file for a fault-based divorce. A felony conviction divorce lawyer Alexandria from Law Offices Of SRIS, P.C.
Last verified: April 2026 | Alexandria Circuit Court | Virginia General Assembly
Virginia law provides specific fault grounds for divorce, including a felony conviction with a sentence of confinement for one year or more. This is distinct from no-fault separations. The conviction must be final, and the sentence must be for at least one year. handling a divorce after a felony conviction requires careful handling of both family law and potential collateral consequences of the criminal record. A criminal conviction divorce lawyer Alexandria can address how the conviction impacts equitable distribution, spousal support, and, most critically, child custody determinations under the “best interests of the child” standard.
Virginia Law on Divorce After a Felony Conviction
The statutory basis for divorce due to a felony conviction is found in Va. Code § 20-91. It states that a divorce can be granted when either party has been convicted of a felony, sentenced to confinement for more than one year, and cohabitation has not been resumed after knowledge of the conviction. This is a permanent bar to reconciliation. The case is filed in the Circuit Court where the parties last cohabited or where the defendant resides. For Alexandria residents, this is the Alexandria Circuit Court.
Key procedural steps for a felony-based divorce in Alexandria include:
- Obtain certified copies of the final felony conviction and sentencing order.
- File a Complaint for Divorce in Alexandria Circuit Court, citing Va. Code § 20-91(4) as the ground.
- Serve the complaint on your incarcerated spouse through the correctional facility’s authorized agent.
- Address pendente lite (temporary) matters like support and custody through motion practice if needed.
- Proceed to a hearing or trial to present evidence of the conviction and address all ancillary issues (property, support, custody).
- Obtain a final divorce decree from the court.
How a Felony Conviction Impacts Your Alexandria Divorce
In Alexandria, a felony conviction significantly influences divorce outcomes, particularly regarding child custody, spousal support, and the division of marital assets.
| Divorce Aspect | Potential Impact of Felony Conviction | Legal Standard / Statute |
|---|---|---|
| Grounds for Divorce | Provides immediate fault ground; no waiting period required. | Va. Code § 20-91(4) |
| Child Custody & Visitation | Court must consider criminal history for child’s best interests; may restrict or supervise visitation. | Va. Code § 20-124.3 |
| Spousal Support | Conduct of the parties is a factor; felony conviction can bar or reduce support award. | Va. Code § 20-107.1 |
| Equitable Distribution | Generally, marital misconduct is not a factor, but dissipation of assets due to criminal activity can be considered. | Va. Code § 20-107.3 |
| Parental Rights | Incarceration can be grounds for suspension of child support obligations, but arrears continue to accrue. | Va. Code § 20-108.1 |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Alexandria Felony Conviction Divorce Lawyers
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We understand the unique intersection of criminal law and family law that defines a divorce after a felony. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep insight into the laws governing your case. We are committed to providing strong, strategic representation in Alexandria Circuit Court.
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
Our team includes seasoned litigators like Mr. Sris, whose background as a former prosecutor and his direct role in shaping Virginia family law statute provide a formidable advantage. We have a documented record of achieving favorable outcomes for our clients across Virginia.
Case Results in Alexandria Courts
Our attorneys actively practice in Alexandria. Firm-wide, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with over 93% favorable outcomes. In Alexandria courts, we have successfully represented clients in complex family law matters.
Results may vary. Prior results do not guarantee a similar outcome.
Felony Conviction Divorce Lawyer Alexandria | SRIS, P.C.
Arlington Location (Serving Alexandria)
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Arlington, VA 22209
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Our Arlington location serves clients in Alexandria and is accessible from major highways. We represent individuals in Alexandria, Old Town, Del Ray, and Kingstowne. If you need a felony conviction divorce lawyer Alexandria or a divorce after felony lawyer Alexandria, contact us for a consultation.
FAQs: Divorce After a Felony Conviction in Alexandria
Can I get a divorce in Virginia if my spouse is in prison for a felony?
Yes. A felony conviction with a sentence of one year or more is a specific fault ground for divorce under Va. Code § 20-91(4). You can file in the circuit court where you last lived together or where your spouse resides. Service of process can be completed through the correctional facility.
How does a felony conviction affect child custody in Virginia?
It depends. The court must consider the felony conviction under the “best interests of the child” factors in Va. Code § 20-124.3. The nature of the crime, its relation to parental fitness, and the time since conviction are all relevant. Custody or visitation may be restricted or supervised.
Will I get spousal support if my spouse is convicted of a felony?
It depends. Virginia law (Va. Code § 20-107.1) allows the court to consider the “circumstances and factors which contributed to the dissolution” of the marriage. A felony conviction can be a factor that reduces or even bars an award of spousal support to the convicted spouse.
What if the felony conviction is being appealed?
An appeal may complicate the timeline. While a final conviction is the clearest ground, consulting with a criminal conviction divorce lawyer Alexandria is crucial. The court may stay the divorce proceedings pending the outcome of the criminal appeal, depending on the circumstances.
How long does a divorce take after a felony conviction in Alexandria?
An uncontested divorce based on felony grounds can take 2-4 months from filing. A contested divorce, where custody, support, or property are disputed, typically takes 9-18 months or longer in Alexandria Circuit Court, depending on the complexity.
Related Pages: For other legal needs, see our Alexandria criminal defense lawyer page or our Virginia family law hub. For similar issues nearby, consult our divorce lawyer in Arlington.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.