Felony Conviction Divorce Lawyer Madison County, VA
If your spouse has been convicted of a felony and sentenced to confinement for more than one year, Virginia law provides a fault‑based ground for divorce that does not require a separation period. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel represent clients in Madison County who wish to end a marriage based on a spouse’s felony conviction, handling the legal process from initial filing through final decree. To discuss your situation, call (888) 437‑7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Using a Felony Conviction as Grounds for Divorce in Virginia
Under Va. Code § 20‑91, a spouse may file for a divorce from the bond of matrimony when the other spouse has been convicted of a felony, sentenced to confinement for more than one year, and is actually confined. This fault ground is distinct from no‑fault divorce because it does not require the parties to live separate and apart for any period before filing. The divorce proceeding is commenced by filing a complaint in the Madison County Circuit Court, which has exclusive original jurisdiction over divorce matters in the county.
The felony‑conviction ground is available regardless of whether the convicted spouse is still incarcerated at the time of filing, as long as the sentence imposed exceeds one year of confinement. Because this is a fault‑based ground, the court may consider the circumstances surrounding the conviction when deciding issues of equitable distribution, spousal support, and even child custody, to the extent the conviction is relevant to the statutory factors. Mr. Sris and his Of Counsel are familiar with how Madison County judges evaluate such cases and work to protect the interests of the filing spouse throughout the process.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce allows a spouse to obtain an absolute divorce because the other spouse has been convicted of a felony and sentenced to confinement for more than one year. The ground is established by Va. Code § 20‑91, and it does not require any period of separation. The filing spouse must present evidence of the conviction, the sentence, and the fact that the convicted spouse is confined or has been confined under that sentence.
What is the legal basis for a felony conviction divorce in Madison County?
The legal basis is Va. Code § 20‑91, which lists felony conviction and confinement among the fault grounds for divorce. The complainant must show that the defendant has been convicted of a felony, the sentence imposed includes confinement for more than one year, and the defendant is currently confined or has served part of that sentence. The Madison County Circuit Court at 1 Main Street has exclusive jurisdiction over the divorce action.
Do I need to wait for a separation period if I file based on a felony conviction?
No. Unlike a no‑fault divorce, the felony‑conviction ground does not require the parties to have lived separate and apart for six months or a year. Once the conviction and confinement requirements are met, the divorce complaint may be filed immediately. This can allow a faster path to a final decree when the facts support the ground.
How does a felony conviction affect property division and spousal support?
Virginia is an equitable distribution state. While the conviction itself does not automatically divide property, the court may consider the circumstances of the conviction and incarceration when weighing the statutory factors for equitable distribution under Va. Code § 20‑107.3 and for spousal support under § 20‑107.1. For example, if the convicted spouse’s actions depleted marital assets or caused financial harm, the court may account for that in its award.
What if the convicted spouse is still incarcerated—can I still get divorced?
Yes, you can file for divorce while your spouse is incarcerated. The ground is based on the felony conviction and the sentence of confinement; actual incarceration satisfies the confinement element. If the incarcerated spouse cannot appear in person, the court may permit participation by video or through appointed counsel. The firm has experience managing the procedural steps required when one party is in custody.
How do I start a felony conviction divorce in Madison County?
The process begins by filing a complaint for divorce in the Madison County Circuit Court. The complaint must allege the felony‑conviction ground and attach certified copies of the conviction order and sentencing documents. The defendant must be served with the complaint, and after any responsive pleading, the case proceeds toward a hearing. Mr. Sris and his Of Counsel prepare and file all necessary pleadings and guide clients through each step.
Do I need to prove anything beyond the conviction record?
You must prove the conviction, the sentence of confinement for more than one year, and that the defendant is or was confined under that sentence. Additionally, you must satisfy the residency requirement contained in Va. Code § 20‑97, which requires that at least one party has been a bona fide resident and domiciliary of Virginia for at least six months before filing. The firm helps clients gather and present the required evidence to the court.
Can the convicted spouse contest the divorce?
Yes, the defendant may file an answer and contest the divorce, but the felony‑conviction ground is relatively straightforward if the conviction and confinement are documented. A contest typically focuses on ancillary issues such as property division, spousal support, or custody, rather than the ground itself. The firm is prepared to litigate any disputed matters when contest arises.
How does a felony conviction divorce affect child custody?
Virginia courts decide custody based on the best interests of the child under Va. Code § 20‑124.3. A parent’s felony conviction and incarceration are among the factors the court may consider, especially when the conviction relates to family abuse, neglect, or conduct that endangers the child. A conviction does not automatically terminate parental rights or custody, but it can influence the court’s determination. The firm helps clients present evidence regarding the parent‑child relationship and the other parent’s capacity to care for the children.
How can a lawyer help with a felony conviction divorce?
An experienced family law attorney can ensure the divorce complaint is properly pleaded, the conviction records are correctly admitted, and all procedural requirements are met. When the convicted spouse is incarcerated or unable to participate, additional steps—such as service of process on an incarcerated individual—must be handled carefully. Mr. Sris and his Of Counsel manage these complexities and advocate for a fair resolution on property, support, and custody. To discuss your case, call (888) 437‑7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997. A former prosecutor, Mr. Sris has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. Our Fairfax location is 4008 Williamsburg Court, Fairfax, VA 22032. By appointment only; call (888) 437‑7747 to schedule.
Related pages: Fairfax County Family Law Lawyer | Prince William County Family Law Lawyer | Manassas Family Law Lawyer
Primary sources: Va. Code § 20‑91 | Madison County Circuit Court
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