Fauquier County Felony Conviction Divorce Lawyer — Protecting Your Rights
A felony conviction can drastically impact your divorce case in Fauquier County, affecting custody, support, and property division under Virginia law. As a felony conviction divorce lawyer Fauquier County, Law Offices Of SRIS, P.C. provides full representation to protect your parental and financial rights. Our firm has 73 documented case results in Fauquier County. We offer 24/7 phone consultations at (888) 437-7747.
Virginia Law on Divorce After a Felony Conviction
In Virginia, a felony conviction is a fault-based ground for divorce under Va. Code § 20-91. The 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 actually begun. This is distinct from no-fault grounds based on separation. The divorce after felony lawyer Fauquier County team at SRIS, P.C. understands how to handle this specific legal ground, which can influence the court’s decisions on related matters like spousal support and the equitable distribution of assets.
Last verified: April 2026 | Fauquier County Circuit Court | Virginia General Assembly
Official Legal Resources
For the official text of Virginia’s divorce statutes, refer to Va. Code Title 20, Chapter 6 (official Virginia General Assembly). Court procedures and forms for Fauquier County are available through the Fauquier County Circuit Court website.
How a Felony Conviction Affects Your Fauquier County Divorce
A criminal conviction divorce lawyer Fauquier County must address the wide-ranging consequences a felony can have on family law proceedings. In Fauquier County Circuit Court, a felony conviction is not just a ground for divorce; it becomes a central factor the judge must consider in several critical areas.
- File for Divorce: Your attorney will file a Complaint for Divorce in Fauquier County Circuit Court, citing the felony conviction as the fault ground under Va. Code § 20-91(5).
- Serve Your Spouse: The complaint and a summons must be formally served on your spouse, initiating the legal process.
- Address Custody & Support: The court will evaluate the felony’s impact on your fitness as a parent for custody (Va. Code § 20-124.3) and your ability to pay support.
- handle Property Division: Your legal team will work to separate marital property under equitable distribution principles, arguing against any negative inference from the conviction.
- Prepare for Hearing/Trial: If the case is contested, your felony conviction divorce lawyer Fauquier County will prepare evidence and arguments for a final hearing before the judge.
Potential Consequences in a Divorce Case
In Fauquier County, a felony conviction can lead to loss of custody, restricted visitation, unfavorable support orders, and negative impact on property division.
| Issue | Potential Impact of Felony Conviction | Governing Standard |
|---|---|---|
| Child Custody | Significant risk of being denied primary physical custody; supervised visitation may be ordered. | Best interests of the child (Va. Code § 20-124.3) |
| Child/Spousal Support | Conviction may limit earning capacity, affecting support owed or received. | Virginia Child Support Guidelines; Va. Code § 20-107.1 |
| Property Division | Court may consider dissipation of assets on legal fines/fees, potentially awarding a larger share to the other spouse. | Equitable distribution (Va. Code § 20-107.3) |
| Grounds for Divorce | Provides immediate fault ground; no mandatory separation period required. | Va. Code § 20-91(5) |
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. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the laws that govern your case. Our approach combines this high-level authority with focused, case-specific strategy for clients in Warrenton, Bealeton, Marshall, and throughout Fauquier County.
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 and Client Advocacy
Law Offices Of SRIS, P.C. has 73 documented case results across all practice areas in Fauquier County, with a 97% favorable outcome rate. In family law cases involving complex factors like criminal history, our team, including secondary counsel Mr. Sris, works to secure agreements and court orders that protect our clients’ fundamental rights to their children and assets. Results may vary.
Contact Our Fauquier County Family Law Office
Our Fairfax location serves clients at the Fauquier County courts in Warrenton. We represent individuals in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
FAQs: Divorce After a Felony in Fauquier County
Is a felony conviction an automatic ground for divorce in Virginia?
Yes. Under Va. Code § 20-91(5), a felony conviction with a sentence of more than one year, where confinement has begun, is a specific fault ground for divorce. No separation period is required.
Can I get custody of my children if I have a felony conviction?
It depends. The court’s sole focus is the child’s best interests under Va. Code § 20-124.3. A felony conviction is a major factor, especially if the crime involved violence, drugs, or child endangerment. The court may order supervised visitation or deny custody, but a skilled criminal conviction divorce lawyer Fauquier County can present evidence of rehabilitation and current fitness.
How does a felony affect property division (equitable distribution)?
A felony can impact property division if marital assets were dissipated on legal fees, fines, or restitution. The innocent spouse may be awarded a larger share to compensate. The court considers all factors under Va. Code § 20-107.3, which our founder personally helped amend.
What if my felony conviction is being appealed?
An appeal may complicate the divorce ground. While the conviction stands, it is valid for divorce purposes. Your divorce after felony lawyer Fauquier County may seek a continuance in the divorce case pending the appeal’s outcome, as a successful appeal could remove the fault ground.
How long does a felony-based divorce take in Fauquier County?
A contested divorce based on a felony conviction typically takes 9-18 months in Fauquier County Circuit Court. The timeline depends on the complexity of related custody and property issues. An uncontested case where all matters are agreed upon can be finalized faster.
Related Legal Resources
If you are facing divorce in Fauquier County, you may also need information on criminal defense or DUI defense. For more on family law across Virginia, visit our Virginia family law hub page. We also assist clients in neighboring areas like Fairfax County and Prince William County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.