Felony Conviction Divorce Lawyer Lexington — Protecting Your Rights
A felony conviction can be grounds for divorce in Virginia under Va. Code § 20-91. If you are facing a divorce after a felony conviction in Lexington, you need a felony conviction divorce lawyer Lexington who understands the unique legal and procedural challenges. Law Offices Of SRIS, P.C. has 14 documented case results in Lexington.
Last verified: April 2026 | Lexington Circuit Court | Virginia General Assembly
Divorce After a Felony Conviction in Virginia
In Virginia, a felony conviction is a fault-based ground for divorce. The statute, Va. Code § 20-91, 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. A criminal conviction divorce lawyer Lexington can advise on whether this ground applies to your situation and the strategic advantages or disadvantages of using it.
External Legal Resources
- Consult with a felony conviction divorce lawyer Lexington to review your case and the conviction details.
- File a Complaint for Divorce in Lexington Circuit Court, citing the felony conviction as the ground.
- Serve the complaint and supporting documents, including the conviction order, on your spouse.
- Prepare for potential hearings on the validity of the ground and related issues like custody or support.
- Proceed to final hearing or negotiate a settlement agreement addressing all marital issues.
In Lexington, using a felony conviction as grounds for divorce can affect property division and support, as fault may be considered under Virginia’s equitable distribution laws.
| Legal Issue | Classification | Potential Impact on Divorce |
|---|---|---|
| Felony Conviction Ground | Fault Ground for Divorce | Eliminates mandatory separation period; may influence spousal support and property division. |
| Incarceration | Sentence > 1 Year | Complicates custody disputes and ability to participate in proceedings. |
| Equitable Distribution | Va. Code § 20-107.3 | Fault, including felony conviction, is a factor the court may consider in dividing marital property. |
Results may vary. Prior results do not guarantee a similar outcome.
E-E-A-T: Our Experience with Complex Divorce Cases
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, giving our firm deep insight into property division law. We understand that a divorce after felony lawyer Lexington must handle both family court procedures and the collateral consequences of a criminal record.
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 Representation
Our firm has a documented record of favorable outcomes. In Lexington, we have 14 total documented case results across all practice areas with a 100% favorable outcome rate. Mr. Sris, our managing attorney and a former prosecutor, provides strategic oversight on complex cases involving felony convictions and divorce.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Lexington Divorce Lawyers
Our Richmond location serves clients in Lexington and the surrounding communities. We are accessible via I-81 and I-64.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
FAQs: Felony Conviction and Divorce in Lexington
Can a felony conviction be used as grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91, a felony conviction with a sentence of more than one year, where confinement has begun, is a fault ground for divorce. A felony conviction divorce lawyer Lexington can file on this basis without 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 interest under Va. Code § 20-124.3. A felony conviction, especially for a violent crime, is a significant factor that a judge will weigh heavily against the convicted parent when determining custody and visitation rights.
Will I need a separate lawyer for my criminal case and divorce?
It is highly advisable. A criminal defense attorney handles the felony case, while a divorce after felony lawyer Lexington focuses on the family law matters. These cases are separate but related, and coordination between legal teams is crucial.
What if my spouse filed for divorce after my conviction but I am appealing?
The divorce can proceed based on the conviction. However, a successful appeal that overturns the conviction could potentially nullify that ground for divorce. You need immediate counsel from a criminal conviction divorce lawyer Lexington to manage both legal fronts.
How long does a fault-based divorce take in Lexington?
A contested fault-based divorce, like one citing a felony conviction, typically takes 9 to 18 months in Lexington Circuit Court. The timeline depends on the complexity of issues like property division and child custody disputes.
Internal Resources
- Virginia Family Law Lawyer Hub
- Divorce Lawyer in Henrico County
- Criminal Defense Lawyer in Lexington