Felony Conviction Divorce Lawyer Arlington County, VA
In Virginia, a spouse may seek a divorce on the fault ground of felony conviction when the other spouse has been sentenced to imprisonment for more than one year after conviction for a felony. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. assist clients in Arlington County with divorce matters grounded in felony conviction. Our Arlington Location is situated near the Arlington County Circuit Court, where divorce complaints are filed. To request a consultation about pursuing a divorce based on a spouse’s felony conviction, call (888) 437-7747. Consultations are by appointment. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Felony Conviction Divorce Means in Arlington County, Virginia
Under Virginia Code § 20-91, a court may grant a divorce from the bond of matrimony on the ground that one spouse has been sentenced to confinement in a state or federal correctional institution for a period exceeding one year following a felony conviction. Unlike no-fault divorce, this fault ground does not require any separation period before filing. The party seeking the divorce must file a Complaint in the Arlington County Circuit Court, located at 1425 N. Courthouse Road, Suite 2400, Arlington, VA 22201, which has exclusive original jurisdiction over divorce matters in the county. Related issues such as custody, visitation, and child support may be heard in the Arlington County Juvenile and Domestic Relations District Court.
Arlington County serves a diverse population of young professionals, government workers, and commuters. The court process in the Seventeenth Judicial District follows Virginia’s equitable distribution framework for dividing marital property and debts. Because a felony conviction can significantly affect a family’s financial situation, child custody arrangements, and spousal support, each factor is examined by the court under statutory guidelines. Law Offices Of SRIS, P.C. has experience handling family law matters in Arlington County and can guide you through the process of filing, serving the incarcerated spouse, and presenting evidence of the conviction to the court.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
Mr. Sris and his Of Counsel approach each felony conviction divorce matter by first confirming the elements of the ground: a valid marriage, a felony conviction, and a sentence of imprisonment exceeding one year. They work with clients to obtain certified copies of the conviction order and sentencing documents, then draft the divorce Complaint for filing in Arlington County Circuit Court. Service of process on an incarcerated spouse is addressed through appropriate procedures to ensure the court obtains jurisdiction.
Throughout the matter, the team addresses related family law issues such as equitable distribution of marital property, spousal support, child custody, and visitation. The incarcerated spouse’s absence and limited ability to participate can raise unique considerations for custody and parenting time. Mr. Sris and his Of Counsel aim to advance the client’s interests while complying with Virginia procedural rules and the local practices of Arlington County courts. Because each situation is different, the firm provides individual case review and works toward a timely resolution.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys bring additional legal experience across multiple practice areas, and Mr. Sris and his Of Counsel collectively serve clients in Arlington County and throughout Virginia.
The firm’s Arlington Location, situated at 1655 Fort Myer Drive, Suite 700, Room 719, Arlington, VA 22209, is conveniently positioned to represent clients in the Arlington County Circuit Court and the Juvenile and Domestic Relations District Court. To discuss your situation, call (888) 437-7747 to request a consultation.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based divorce granted when one spouse has been convicted of a felony and sentenced to imprisonment for more than one year. The ground is set out in Va. Code § 20‑91. The party seeking the divorce must prove the conviction and the length of the sentence. The divorce Complaint is filed in the circuit court of the county where either party resides. Because this is a fault ground, there is no mandatory separation period before filing. The conviction must have been finalized and the sentence must exceed one year. If these requirements are met, the court may grant the divorce without waiting for the incarcerated spouse’s release.
How does a felony conviction affect child custody and visitation in Arlington County?
A parent’s felony conviction and incarceration are factors the court considers when determining the best interests of the child. Under Va. Code § 20‑124.3, the court evaluates several factors including each parent’s role in the child’s life, the child’s relationship with each parent, and any history of abuse or neglect. Incarceration can significantly affect a parent’s ability to provide daily care, and the court may award sole custody to the non‑incarcerated parent or establish supervised visitation. The Arlington County Juvenile and Domestic Relations District Court handles custody and visitation matters related to divorce.
Can I receive spousal support if I divorce my spouse based on a felony conviction?
Yes, a court may award spousal support (alimony) in a divorce based on a felony conviction ground. Virginia courts consider the factors in Va. Code § 20‑107.1, including the duration of the marriage, the earning capacity of each spouse, the standard of living during the marriage, and any fault that contributed to the dissolution. A spouse’s felony conviction and resulting incarceration can affect the financial circumstances of both parties, and the court will examine these factors when deciding the amount and duration of support. Results vary depending on the specific facts of each case.
How long does a divorce based on a felony conviction take in Arlington County?
The time needed to finalize a felony conviction divorce depends on court scheduling, the complexity of the case, and whether the matter is contested. Because no separation period is required for this fault ground, the case can move forward as soon as the pleadings are filed and service is completed. The Arlington County Circuit Court sets hearings on its calendar, and the duration varies. If the parties resolve all issues by agreement, the process may be shorter. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Do I need a lawyer for a felony conviction divorce in Arlington County?
While Virginia law does not require you to hire a lawyer, a felony conviction divorce involves legal proof of the conviction, service on an incarcerated spouse, and resolution of property, custody, and support issues. An experienced family law attorney can assist with drafting the Complaint, submitting certified conviction records, and addressing the procedural steps required by the Arlington County Circuit Court. Incorrect filings or missed deadlines can delay the matter. To discuss the details of your case, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Family Law Attorneys in Other Virginia Counties:
Fairfax County Family Law Lawyer •
Prince William County Family Law Lawyer •
Loudoun County Family Law Lawyer •
Stafford County Family Law Lawyer •
Fauquier County Family Law Lawyer
Virginia Primary Sources:
Virginia Code § 20-91 (Grounds for Divorce)
Virginia Judicial System
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Case results depend on a variety of factors unique to each case.