Felony Conviction Divorce Lawyer Prince William County, VA
Under Virginia law, a spouse may seek a divorce when the other spouse has been sentenced to confinement for more than one year for a felony conviction. This fault-based ground, codified at Va. Code § 20-91, allows the innocent spouse to move forward without waiting through a lengthy separation period. For residents of Prince William County, the divorce action is filed in the Prince William County Circuit Court, located at 9311 Lee Avenue, Suite 230, Manassas, VA 20110. Cases involving child custody, visitation, or support may also proceed in the Prince William County Juvenile and Domestic Relations District Court. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. represent clients pursuing a felony conviction divorce throughout the county, including Manassas, Woodbridge, Dale City, and surrounding communities. If you are considering a divorce based on your spouse’s felony incarceration, call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in Prince William County
A felony conviction divorce is a fault ground for ending a marriage in Virginia. The statutory language permits a divorce “from the bond of matrimony” when one spouse has been sentenced to confinement for more than one year for a felony. The ground is self-executing once the sentence is imposed; the filing spouse does not need to prove additional misconduct or wait out a separation period. The convicted spouse need not be actively incarcerated at the time of filing — it is the sentence of more than one year that triggers the ground. Residency requirements still apply: at least one party must have been an actual bona fide resident and domiciliary of Virginia for at least six months before filing (Va. Code § 20-97).
In Prince William County, the Circuit Court exercises exclusive jurisdiction over the divorce itself, while the Juvenile and Domestic Relations District Court handles related matters such as custody, visitation, and child support. The courthouse at 9311 Lee Avenue, Manassas, Virginia, serves all localities within the county, from the Manassas area to Quantico and the I-95 corridor. Because the incarcerated spouse may not be able to appear, the court may permit participation by video conference or through counsel. Local practice requires careful attention to service of process on a defendant who is housed in a correctional facility, as special procedures may apply. Our attorneys are familiar with the procedural expectations of the Prince William County courts and can guide you through the process.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When you become a client, the first step is gathering and verifying the documentation that proves the conviction and the sentence. This typically includes the final judgment order from the criminal court, the sentencing order, and evidence of the term of confinement. Our attorneys then prepare a complaint for divorce that pleads the felony conviction ground and addresses any requests for equitable distribution, spousal support, or child-related relief. Because the case often requires service on an incarcerated defendant, we coordinate with the facility to ensure proper service under Virginia rules.
If immediate financial support or temporary custody arrangements are needed while the divorce is pending, Mr. Sris can request pendente lite orders from the court. The court may award temporary spousal support, determine a parenting schedule, or order exclusive use of the marital home. Throughout the case, our team works to protect your interests, whether negotiating a property settlement agreement or presenting evidence at a final hearing. The timeline varies based on the complexity of the marital estate, the responsiveness of the incarcerated spouse, and the court’s docket. We pursue a resolution that addresses the unique circumstances of a felony conviction divorce while working toward a favorable outcome.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since founding the firm in 1997. A former prosecutor, he brings insight into both sides of the courtroom. He 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). He personally leads the firm’s family law practice and is supported by a team of experienced Of Counsel attorneys who appear regularly in Prince William County courts. Together, they handle divorce, custody, and support matters across Northern Virginia. To discuss your case with Mr. Sris, call (888) 437-7747.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
In Virginia, a spouse may file for divorce based on the other spouse’s conviction of a felony and sentence to confinement for more than one year under Va. Code § 20-91. This is a fault ground, meaning the innocent spouse does not need to prove a separation period of any length. The ground is available once the sentencing occurs, regardless of whether the convicted spouse remains in custody. The divorce action must still meet Virginia’s six-month residency requirement. The filing spouse is responsible for proving the conviction and the length of the sentence, typically through court records. The convicted spouse’s absence does not prevent the divorce from moving forward, though procedural rules for service and participation apply.
Do I need to prove the conviction to use this ground?
Yes, the filing spouse must present evidence of the conviction and the sentence, usually in the form of a certified judgment order and sentencing order. The documents should clearly show the felony offense and a sentence of confinement for more than one year. The court will require this proof to grant a divorce on the felony conviction ground. If records are from another jurisdiction, they may need to be authenticated. Our attorneys can assist in obtaining and preparing the necessary records so that the court has the evidentiary basis to issue the divorce decree.
Will the incarcerated spouse be able to contest the divorce?
An incarcerated spouse retains the right to participate in the divorce case, but practical obstacles often limit their involvement. They have the right to receive notice of the proceedings and may file an answer or other responsive pleadings. The court may allow participation by video conference or telephone if the facility permits. If the incarcerated spouse does not respond, the case may proceed by default. Our attorneys handle service and ensure that the process complies with Virginia law, so the case can move forward whether or not the spouse actively contests the divorce.
How does a felony conviction affect property division?
Virginia’s equitable distribution statute applies, and the court may consider the circumstances of the conviction as a factor when dividing marital property. Under Va. Code § 20-107.3, the court evaluates multiple factors, including the circumstances and factors that contributed to the dissolution of the marriage. A spouse’s felony conviction and imprisonment may influence property division, particularly if marital assets were depleted by legal fees or restitution. Separate property remains with its owner. Our team works to present a clear picture of the marital estate and advocate for a fair distribution in light of the conviction’s impact.
What about child custody and support when one parent is incarcerated?
Custody and child support issues in Prince William County are typically decided by the Juvenile and Domestic Relations District Court, which applies the best interests of the child standard. The court considers the parent’s incarceration as a factor when determining custody and visitation arrangements. Visitation may be limited or supervised if contact with the incarcerated parent is not feasible. Child support obligations continue even during incarceration, though the amount may be modified based on the parent’s inability to pay. Our firm can help you navigate these sensitive matters, ensuring the child’s well-being remains the focus.
How do I start a felony conviction divorce in Prince William County?
The process begins by filing a complaint for divorce in the Prince William County Circuit Court, located at 9311 Lee Avenue, Suite 230, Manassas, VA 20110, and serving the complaint on your spouse. You will need to include the ground of felony conviction and the relevant conviction documentation. If child-related issues exist, those may be addressed in the Circuit Court or in a separate J&DR proceeding. Because procedural rules can be complex when the defendant is incarcerated, speaking with an attorney early can help avoid delays. To request a consultation, call Law Offices Of SRIS, P.C. at (888) 437-7747.
Additional Resources
For further information on Virginia divorce law, you may consult the following primary sources:
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