In Fauquier County, Virginia, a felony conviction can serve as a fault ground for divorce under Va. Code § 20-91(3) if the spouse has been imprisoned for one year or more. Law Offices Of SRIS, P.C. has 68 documented results in Fauquier County, including 2 dismissals and 57 reductions — a 90% favorable outcome rate.
Felony Conviction Divorce Lawyer in Fauquier County, Virginia
Under Virginia law, a felony conviction can be a fault-based ground for divorce. Va. Code § 20-91(3) provides that a divorce may be granted when a spouse has been convicted of a felony and has been imprisoned for at least one year. This ground does not require a separation period, unlike no-fault divorces which require 6 months or 1 year of separation. The conviction must be for a crime punishable by imprisonment in a state or federal penitentiary. The court at Fauquier County Circuit Court (6 Court Street, Warrenton, VA 20186) handles these divorce filings. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience.
Last verified: April 2026 | Fauquier County Circuit Court | Virginia General Assembly — official site
For the full text of the statute governing divorce on felony conviction grounds, see Va. Code § 20-91 (Virginia General Assembly — official site). For information on Fauquier County Circuit Court procedures, visit Fauquier County Circuit Court (Virginia Courts — official site).
In Fauquier County Circuit Court, prosecutors and judges are familiar with felony conviction divorce cases. We have observed that the court requires certified copies of the conviction and sentencing orders. The incarcerated spouse must be properly served through the correctional facility. The court may appoint a Guardian ad Litem if custody is involved.
- Obtain certified copies of the felony conviction and sentencing order.
- File a Complaint for Divorce at Fauquier County Circuit Court citing Va. Code § 20-91(3).
- Serve the incarcerated spouse through the correctional facility or sheriff service.
- Attend the hearing where the judge reviews the conviction evidence.
- Receive the final decree of divorce, which may include property division and support orders.
In Fauquier County, divorce on felony conviction grounds under Va. Code § 20-91(3) carries no additional penalties beyond the divorce decree itself, but the conviction may affect custody, support, and property division.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault Ground under Va. Code § 20-91(3) | 1+ year imprisonment (required for ground) | N/A (divorce proceeding) | N/A | May affect custody, spousal support, and equitable distribution |
Results may vary.
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. The firm has 68 documented case results in Fauquier County alone, with a 90% favorable outcome rate. ‘Advocacy Without Borders’ reflects the firm’s commitment to providing full legal representation regardless of jurisdictional boundaries.
Law Offices Of SRIS, P.C. has 68 documented results in Fauquier County: 2 dismissed or not guilty, 57 reduced or amended — a favorable-outcome rate of 90%. Firm-wide, the firm has 4,739+ documented results across VA, MD, DC, NY and NJ. Results may vary.
Our location in Fairfax is approximately 25 miles from Fauquier County Circuit Court, with access via I-66 and Route 29. Serving the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
(703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Fauquier County
How long does a divorce take in Fauquier County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Fauquier County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Fauquier County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Under Va. Code § 20-91, felony conviction grounds do not require a separation period.
Uncontested divorces in Fauquier County typically take 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Fauquier County, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86. Additional costs include sheriff service of process ($12), private process server ($50-$100), pendente lite motion costs, Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300/hour per party). Cases are filed at Fauquier County General District Court.
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). Fauquier County Circuit Court handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Fauquier County, Virginia?
Custody in Fauquier 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. Fauquier County J&DR Court handles standalone custody. Fauquier County Circuit Court handles custody within divorce cases.
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 Fauquier County Circuit Court. Under Va. Code § 20-91, felony conviction grounds allow immediate filing without a separation period.
How does a Virginia lawyer defend against felony conviction divorce charges?
Defense strategies for felony conviction divorce in Virginia may include challenging the validity of the conviction, examining procedural compliance, negotiating with the other party, and presenting mitigating factors. An experienced divorce after felony lawyer Fauquier County evaluates the specific facts under Va. Code § 20-91 to build the strongest possible defense.
What should I do if I am facing felony conviction divorce charges in Virginia?
If facing felony conviction divorce charges in Virginia, contact a criminal conviction divorce lawyer Fauquier County 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.
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, consequences may include fines, jail time, probation, or other sanctions. Consult a Virginia family law attorney for case-specific guidance.
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Last verified: April 2026
Attorney responsible for this advertising: Mr. Sris.
Case results depend on a variety of factors unique to each case.
By appointment only.