Fairfax County Felony Conviction Divorce Lawyer — What Are Your Rights?
A felony conviction can significantly impact divorce proceedings in Fairfax County, affecting child custody, property division, and spousal support. Law Offices Of SRIS, P.C. provides strategic legal counsel for individuals handling divorce after a felony conviction. Our felony conviction divorce lawyer in Fairfax County understands the unique legal challenges and works to protect your rights and interests in family court.
Divorce After a Felony Conviction in Virginia
In Virginia, a felony conviction can serve as a fault-based ground for divorce under Va. Code § 20-91. This statute allows a spouse to file for divorce if the other spouse has been convicted of a felony and sentenced to confinement for more than one year, provided the confinement has occurred. This is distinct from no-fault grounds based on separation. The conviction must be final, and the sentence must have been served, or at least one year served, before the divorce filing. This legal standard is strictly applied in Fairfax County Circuit Court.
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly
Official Legal Resources
For the official text of Virginia’s divorce statutes, refer to the Virginia Code Title 20, Chapter 6 (official Virginia General Assembly). For Fairfax County court procedures, visit the Fairfax County Circuit Court website.
How a Felony Conviction Affects Your Fairfax County Divorce
A felony conviction introduces specific details into a divorce case that go beyond the grounds for filing. In Fairfax County, judges consider the conviction’s nature when making determinations that affect the entire family’s future.
- File for Divorce: The petition is filed with the Fairfax County Circuit Court Clerk’s Office, citing the felony conviction as the ground under Va. Code § 20-91.
- Serve Your Spouse: Legal documents must be formally served on your spouse, notifying them of the divorce action.
- Address Custody & Support: File separate motions or include requests in your complaint for temporary child custody, visitation, and support orders.
- handle Discovery: Participate in the exchange of financial information and other evidence, which may include details related to the conviction.
- Attend Hearings: Appear for any pendente lite (temporary) hearings and, if the case is contested, prepare for a final trial before a judge.
- Finalize the Decree: The court issues a final decree of divorce, which addresses all settled matters of property, support, and custody.
Potential Consequences in a Divorce Case
In Fairfax County, a felony conviction can lead to unfavorable rulings on custody, limited visitation, and impact financial settlements.
| Legal Issue | Potential Impact of a Felony Conviction |
|---|---|
| Child Custody & Visitation | The court may award sole legal and physical custody to the non-convicted parent. Supervised visitation or restricted access may be ordered. |
| Property Division (Equitable Distribution) | While Virginia law focuses on equitable (fair) division, a conviction related to marital waste or dissipation of assets can affect the final split. |
| Spousal Support | A conviction can be a factor under Va. Code § 20-107.1, potentially reducing or barring an award of support to the convicted spouse. |
| Grounds for Divorce | Provides a fault-based ground, which can influence the court’s view of marital conduct and related rulings. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Complex Family Law Matters
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 cases. Our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in shaping the laws that affect your case. We understand that a divorce after a felony conviction requires careful, strategic handling to handle the heightened scrutiny from the 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
Case Results in Fairfax County
Our firm has a documented record of achieving favorable outcomes for clients in Northern Virginia. In Fairfax County, we have secured 1789 total documented case results across all practice areas with a 97% favorable outcome rate. For instance, our attorneys have successfully negotiated custody arrangements that protect parental rights while addressing the court’s concerns and have worked to isolate the impact of a criminal record on financial settlements. Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex criminal matters that intersect with family law is Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, providing critical insight for cases involving financial allegations.
Contact Our Fairfax County Family Law Office
Our Fairfax location is centrally located to serve clients at the Fairfax County Circuit Court. We are your local felony conviction divorce lawyer near Fairfax County Courthouse, serving communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
FAQs: Divorce After a Felony Conviction in Fairfax County
Can a felony conviction be grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91, a felony conviction with a sentence of more than one year of confinement, where at least one year has been served, is a specific fault ground for divorce in Virginia.
Will I lose custody of my children because of a felony conviction?
It depends. The court decides custody based on the child’s best interests under Va. Code § 20-124.3. A felony conviction is a major factor, but the court will also consider the crime’s nature, how long ago it occurred, rehabilitation evidence, and the current parent-child relationship. Loss of custody is possible, but not automatic.
How does a felony affect property division in a divorce?
A conviction does not automatically change property division, which is governed by equitable distribution (Va. Code § 20-107.3). However, if the conviction involved wasting marital assets (e.g., theft, fraud), the court may award a larger share to the innocent spouse to compensate for the lost assets.
Can I get spousal support if my spouse has a felony conviction?
It depends. A spouse’s felony conviction is one of 13 factors a Virginia court considers for spousal support under Va. Code § 20-107.1. The conviction, especially if it led to financial hardship for the family, can support an argument for support, but the court weighs all factors, including each party’s needs and abilities.
Do I need a special lawyer for a divorce after a felony?
Yes. A divorce after a felony conviction involves intersecting areas of criminal and family law. A criminal conviction divorce lawyer in Fairfax County with experience in high-conflict and fault-based divorces is essential to handle the procedural and strategic details effectively.
Internal Resources: For more on Virginia divorce law, see our Virginia Family Law hub page. For related legal issues, consider our Fairfax County criminal defense lawyers or our Fairfax County DUI attorneys.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.