Felony Conviction Divorce Lawyer Greene County — What Are Your Rights?
A felony conviction is a fault ground for divorce in Virginia under Va. Code § 20-91(A)(4). If your spouse is imprisoned for one year or more after a felony conviction, you can file for divorce in Greene County Circuit Court. Law Offices Of SRIS, P.C. provides experienced legal guidance for this complex process.
Last verified: April 2026 | Greene County General District Court | Virginia General Assembly
Virginia Law on Divorce After a Felony Conviction
Virginia law provides specific fault grounds for divorce, including a spouse’s felony conviction and subsequent imprisonment. Under Va. Code § 20-91(A)(4), you may file for divorce if your spouse has been convicted of a felony, sentenced to confinement for more than one year, and has been confined for that period after the final judgment of conviction. This is distinct from a no-fault separation divorce. The case is filed in the Circuit Court where you reside or where your spouse resides if not incarcerated. The statute requires proof of the conviction and confinement, which a felony conviction divorce lawyer Greene County can help you gather and present.
Official Legal Resources
For the full text of the statute, see Va. Code § 20-91 (official Virginia General Assembly website). For Greene County court procedures, visit the Greene County General District Court website.
Handling a Greene County Divorce After a Felony
In Greene County, a divorce based on a felony conviction proceeds through the Circuit Court at 85 Stanard Street in Stanardsville. The process requires filing a formal complaint stating the grounds and providing certified documentation of the conviction and confinement. Judges in the 16th Judicial District are familiar with these filings. A key procedural fact is that while the felony conviction establishes the ground for divorce, all other issues—child custody, support, and property division—must still be resolved under standard Virginia law. For instance, Va. Code § 20-107.3 governs equitable distribution, a statute personally amended by our firm’s founder, Mr. Sris.
- Gather certified copies of the felony conviction judgment and Department of Corrections confinement records.
- File a Complaint for Divorce citing Va. Code § 20-91(A)(4) at the Greene County Circuit Court Clerk’s Office.
- Serve the complaint on your incarcerated spouse through the correctional facility’s legal mail process.
- If uncontested, file a motion for a final decree hearing, presenting your evidence to the judge.
- If contested, prepare for litigation on both the grounds and any ancillary issues like custody or property.
- Attend the final hearing to obtain the divorce decree.
Potential Outcomes and Considerations
In Greene County, a divorce based on a felony conviction permanently dissolves the marriage and allows the court to decide child custody, support, and property division.
| Legal Issue | Classification | Potential Outcome | Key Factor |
|---|---|---|---|
| Divorce Ground | Fault (Felony Conviction) | Divorce granted if confinement >1 year is proven. | Certified proof of conviction & confinement. |
| Child Custody | Best Interests of Child | Incarcerated parent may have limited or supervised visitation. | Parent’s ability to provide care; Va. Code § 20-124.3. |
| Property Division | Equitable Distribution | Marital property divided fairly, not necessarily 50/50. | 11 statutory factors under Va. Code § 20-107.3. |
| Spousal Support | Discretionary Award | Possible, but incarceration impacts ability to pay. | Need and ability to pay under Va. Code § 20-107.1. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Case
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 matters. Our deep understanding of Virginia’s legal system is underscored by Mr. Sris’s personal work amending the equitable distribution statute, Va. Code § 20-107.3. We have a documented record of favorable outcomes for our clients. When you need a criminal conviction divorce lawyer Greene County, our team provides strategic, compassionate representation focused on protecting your rights and future.
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
Our Experience in Greene County Family Law
Our firm has documented case results in Greene County. We understand the local court procedures before the Greene County Circuit Court. For example, our team, including secondary attorney Mr. Sris—a former prosecutor with a background in accounting—effectively handles cases involving complex financial divisions that can accompany a divorce after a felony. Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Greene County Felony Conviction Divorce Lawyers
Our Fairfax location serves clients at the Greene County courts in Stanardsville. We are your local felony conviction divorce lawyer Greene County, accessible via Route 29 and Route 33. We serve clients in Stanardsville, Ruckersville, and throughout Greene County.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
FAQs: Divorce After a Felony Conviction in Greene County
Can I get a divorce in Virginia if my spouse is in prison for a felony?
Yes. Under Va. Code § 20-91(A)(4), you can file for divorce if your spouse has been confined for more than one year after a felony conviction. This is a fault ground, meaning you do not have to wait through a separation period.
How does a felony conviction affect child custody in a divorce?
It depends. The court’s primary concern is the child’s best interests under Va. Code § 20-124.3. A felony conviction, especially for a violent crime, is a significant factor that will likely limit the incarcerated parent’s custody or visitation rights, potentially to supervised visits only.
Do I need a lawyer for a divorce after a felony conviction?
Yes. This is a complex fault-based divorce requiring certified legal documents and handling issues like serving an incarcerated spouse. A criminal conviction divorce lawyer Greene County can ensure proper procedure and protect your interests in custody and property matters.
How long does a felony conviction divorce take in Greene County?
If uncontested, it may take 2-4 months from filing to final hearing. If the incarcerated spouse contests the divorce or there are disputes over property or children, the process can extend to 9-18 months or longer for complex cases.
What is the difference between a felony conviction divorce and a no-fault divorce?
A no-fault divorce in Virginia requires a 6-month or 1-year separation period with no cohabitation. A felony conviction divorce is a fault ground that does not require a waiting period, but it does require proving the conviction and confinement in court.
Related Legal Information
If you are facing a divorce after a felony in Greene County, our team is here to help. For more information on Virginia family law, visit our Virginia Divorce & Family Lawyer hub page. We also assist clients in nearby areas like Fairfax County. For other legal needs in Greene County, consider our services for criminal defense or DUI defense.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your specific situation.