Felony Conviction Divorce Lawyer in Augusta County, Virginia
In Augusta County, Virginia, a felony conviction can serve as a ground for divorce under Va. Code § 20-91(3) if the spouse has been convicted of a felony and imprisoned for at least one year. Law Offices Of SRIS, P.C. has extensive criminal defense experience and provides dedicated representation for clients handling divorce after a felony conviction. Call (888) 437-7747 for a consultation by appointment.
Understanding Felony Conviction as a Ground for Divorce in Virginia
Under Va. Code § 20-91(3), a felony conviction is a fault-based ground for divorce in Virginia. To qualify, your spouse must have been convicted of a felony and sentenced to imprisonment for at least one year. You may file for divorce immediately upon the conviction and sentence — no waiting period is required, unlike no-fault grounds which demand a 6-month or 1-year separation. This statute provides a path to end a marriage when a spouse’s criminal conduct has fundamentally altered the relationship. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience to every case.
Last verified: April 2026 | Augusta County Circuit Court | Virginia General Assembly — official site
Official Legal References
Insider Perspective on Augusta County Divorce Proceedings
In Augusta County Circuit Court, prosecutors and family court judges routinely scrutinize felony conviction divorce filings for procedural compliance. We have observed that the court requires clear documentation of the conviction and sentence length.
Your divorce complaint must specifically cite Va. Code § 20-91(3) and attach certified copies of the conviction order and sentencing order.
- Obtain certified copies of the felony conviction and sentencing orders from the criminal court.
- Draft a divorce complaint citing Va. Code § 20-91(3) as the ground for divorce.
- File the complaint at Augusta County Circuit Court, 6 East Johnson Street, 2nd Floor, Staunton, VA 24401.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend the final hearing to obtain the divorce decree.
Penalties and Consequences of Felony Conviction Divorce
In Augusta County, Virginia, a divorce based on felony conviction under Va. Code § 20-91(3) does not carry criminal penalties but affects spousal support, property division, and custody outcomes.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Ground for Divorce) | Fault-Based Ground | 1+ year imprisonment (required) | N/A (criminal penalty separate) | N/A | May affect spousal support, equitable distribution, and custody |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Augusta County Divorce
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. Our firm has 13 documented case results in Augusta County across all practice areas, with favorable outcomes in all reported instances. We understand the intersection of criminal and family law and provide strategic guidance for clients facing divorce after a felony conviction.
Your Legal Team
Case Results in Augusta County
Law Offices Of SRIS, P.C. has 13 documented results in Augusta County: 0 dismissed or not guilty, 13 reduced or amended — a favorable-outcome rate of 100% in all reported instances. These results span traffic and reckless driving matters, demonstrating our firm’s commitment to achieving favorable outcomes for clients in Augusta County courts. Results may vary.
Our Augusta County Location
Our location in Woodstock is approximately 45 miles from Augusta County Circuit Court in Staunton, with access via I-81 and Route 250.
Searching for a divorce after felony lawyer Augusta County or criminal conviction divorce lawyer Augusta County? We serve clients throughout the region.
Serving the communities of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our Location: 505 N Main St, Suite 103, Woodstock, VA 22664 | (888) 437-7747
Frequently Asked Questions About Felony Conviction Divorce in Augusta County
How long does a divorce take in Augusta County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Augusta County Circuit Court, depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. For a felony conviction divorce under Va. Code § 20-91(3), no separation period is required, which can expedite the process.
Uncontested divorces in Augusta County typically resolve in 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Augusta County, 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. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3).
Filing fee is approximately $86, plus service costs and potential Guardian ad Litem fees.
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). Augusta County Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state.
How is child custody decided in Augusta County, Virginia?
Custody in Augusta County is based on the experienced 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. Augusta County J&DR Court handles standalone custody. Augusta County Circuit Court handles custody within divorce cases.
Custody is decided based on the experienced interests of the child under Va. Code § 20-124.3.
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 Augusta County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86.
Grounds include no-fault (6-month or 1-year separation) and fault grounds like adultery, cruelty, desertion, and felony conviction.
How does a Virginia lawyer defend against felony conviction divorce charges?
Defense strategies for felony conviction divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (grounds for divorce) to build the strongest possible defense.
Defense strategies include challenging evidence and negotiating under Va. Code § 20-91.
What should I do if I am facing felony conviction divorce charges in Virginia?
If facing felony conviction divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
Contact a family law attorney immediately and preserve all documents.
What are the penalties for felony conviction divorce in Virginia?
Penalties for felony conviction divorce in Virginia depend on the specific charges, prior record, and circumstances. Under Va. Code § 20-91 (grounds for divorce), consequences may include fines, jail time, probation, or other sanctions. Consult a Virginia family law attorney for case-specific guidance.
Penalties depend on the specific circumstances under Va. Code § 20-91.
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Last updated: 2026-04-30