Felony Conviction Divorce Lawyer Orange County, VA
If your spouse has been convicted of a felony and imprisoned for more than one year, Virginia law allows you to file for divorce on that fault ground — without waiting through a lengthy separation period. This page addresses the civil family‑law side: a spouse seeking to dissolve the marriage because of the other’s felony conviction and incarceration. (It does not address the criminal defense of the convicted person.) At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel represent spouses pursuing divorce based on felony‑conviction grounds in Orange County, where family‑law matters are heard in the Orange County Circuit Court. Our team can explain how the fault ground interacts with property division, spousal support, and child‑related issues under Virginia’s equitable‑distribution framework. To discuss filing a divorce based on a spouse’s felony conviction in Orange County, contact Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What a Felony‑Conviction Divorce Means in Orange County
Virginia Code § 20‑91 lists several fault grounds for an absolute divorce, including “where either party has been sentenced to confinement for a period of more than one year for the commission of a felony.” Unlike the no‑fault separation grounds that require living apart for six months or a year, this fault ground does not impose a waiting period; once the conviction and incarceration are in place, a divorce complaint may be filed in the Orange County Circuit Court. The Circuit Court at 110 N. Madison Road, Suite 300, Orange, VA 22960 has exclusive jurisdiction over divorce and equitable‑distribution matters, while custody and support disputes may also involve the Orange County Juvenile and Domestic Relations District Court.
Even though the felony‑conviction ground removes the need for a prolonged separation, the case still raises all of the standard divorce considerations: classification and division of property, spousal support, and, when children are involved, custody and visitation. Virginia is an equitable‑distribution state, meaning the judge divides marital property fairly — not necessarily equally — after weighing 11 statutory factors. A spouse’s incarceration may affect imputed income for support purposes or influence parenting‑time arrangements. Mr. Sris and his Of Counsel can walk you through how these factors play out in an Orange County felony‑conviction divorce.
Virginia Code § 20‑91(3) permits a divorce from the bond of matrimony when one spouse has been sentenced to confinement for more than one year for a felony.
Source: Va. Code § 20‑91
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Family Law Cases
When you meet with Mr. Sris and his Of Counsel, they first listen to the facts of your situation — the nature of the conviction, the length of incarceration, your financial circumstances, and your goals for the divorce. Because the felony‑conviction ground can accelerate the divorce process, the team works efficiently to prepare the Complaint, gather necessary documentation, and address parental‑rights and support issues that often become more urgent when a spouse is incarcerated.
Virginia courts expect a well‑supported Complaint for Divorce. Mr. Sris and his Of Counsel assemble the required pleadings and handle every stage of the case, from pendente lite motions for temporary relief to the final decree. Throughout the proceeding, they explain how equitable‑distribution principles apply to your marital assets, debts, and retirement accounts, and they negotiate for a fair resolution when possible. If trial is necessary, they present your case in the Orange County Circuit Court. Throughout, the focus remains on achieving a resolution that protects your financial future and, where children are involved, their well‑being.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing since 1997 and is admitted 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). Alongside him, a team of Of Counsel attorneys brings extensive experience in family law, criminal law, and litigation — each attorney maintains their own practice while collaborating with Mr. Sris on client matters.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with 4,739+ documented firm-wide results. Results may vary. Collectively, they work to achieve favorable outcomes by carefully applying Virginia’s divorce statutes — including the felony‑conviction ground — and by giving you straightforward advice so you can make informed decisions throughout the case.
Frequently Asked Questions
Can I get a divorce in Virginia if my spouse is in prison for a felony?
Yes. Virginia Code § 20‑91(3) allows you to file for divorce when your spouse has been sentenced to incarceration for more than one year for a felony. You do not need to wait through a separation period; you may pursue the divorce as soon as the conviction and sentence are in place. The case proceeds like any other divorce, with the Orange County Circuit Court handling property division, spousal support, and child‑related matters. Because the incarcerated spouse’s ability to participate may be limited, the court may appoint a guardian ad litem to protect their interests. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
How does a felony‑conviction divorce affect property division in Orange County?
Orange County follows Virginia’s equitable‑distribution statute, Va. Code § 20‑107.3 (citation verified in Virginia Code Registry). The judge divides marital property fairly after considering 11 factors, which can include the circumstances experienced to the divorce — such as a spouse’s felony conviction. The incarcerated spouse’s reduced income may affect spousal‑support calculations, while assets like retirement accounts are still subject to division. Real property, bank accounts, and debts acquired during the marriage are generally classified as marital regardless of whose name appears on the title. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
What are the other fault grounds for divorce in Virginia?
Virginia law also recognizes adultery (no waiting period), cruelty (reasonable apprehension of bodily harm), and willful desertion or abandonment for one year as fault grounds. Unlike the felony‑conviction ground, adultery and cruelty require proof of specific conduct; desertion requires a one‑year separation. The no‑fault grounds are one year of separation, or six months with a written separation agreement and no minor children. A fault ground can affect spousal support and property division, so your choice of ground matters. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
Do I need a lawyer for a felony‑conviction divorce in Orange County?
While a lawyer is not legally required, a felony‑conviction divorce often raises challenging issues: proving the conviction and sentence, serving an incarcerated spouse, valuation of marital assets when one party is in prison, and custody arrangements that work while a parent is incarcerated. An experienced family‑law attorney can help you navigate these procedural hurdles and protect your rights. Mr. Sris and his Of Counsel have extensive experience with Virginia divorce law and can represent you throughout the process. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
How do I find a felony conviction divorce lawyer in Orange County, Virginia?
To find a lawyer for a felony‑conviction divorce in Orange County, look for a firm that regularly practices in the Orange County Circuit Court and is familiar with Virginia’s fault‑based divorce grounds. Confirm the attorney is licensed in Virginia and ask about their experience with incarcerated‑spouse cases. Law Offices Of SRIS, P.C. Accepts family‑law clients from Orange County and its surrounding communities; Mr. Sris and his Of Counsel appear in the Orange County courts and can discuss your situation during a consultation. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Related family‑law pages:
Fairfax County family law lawyer ·
Fairfax (City) family law lawyer ·
Falls Church family law lawyer ·
Prince William County family law lawyer ·
Manassas family law lawyer
Virginia primary‑source resources:
Va. Code § 20‑91 (divorce grounds) ·
Va. Code § 20‑107.3 (equitable distribution) ·
Virginia Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. The information on this page is for general informational purposes and does not create an attorney‑client relationship.
Case results depend on a variety of factors unique to each case.