Felony Conviction Divorce Lawyer Orange County — Protecting Your Rights
A felony conviction can be used as a fault ground for divorce in Virginia under Va. Code § 20-91, requiring one year of imprisonment. This adds significant complexity to property division, child custody, and support matters in Orange County Circuit Court. Law Offices Of SRIS, P.C. provides strategic representation for individuals handling divorce after a felony conviction.
Last verified: April 2026 | Orange County Circuit Court | Virginia General Assembly
Divorce After a Felony Conviction in Virginia
In Virginia, a felony conviction is a statutory fault ground for divorce. Under Va. Code § 20-91, a spouse may 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 separation grounds and can impact the court’s view of the case, particularly regarding spousal support and the equitable distribution of marital assets. The divorce after felony lawyer Orange County residents consult must understand how to handle this specific legal field.
Mr. Sris, the firm’s managing attorney, personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team unique insight into how courts handle property division in complex cases, including those involving a criminal conviction.
Key Legal Resources
For the official Virginia statute on divorce grounds, see Va. Code § 20-91 (official Virginia General Assembly). For court-specific information, visit the Orange County Circuit Court website.
- Consult a felony conviction divorce lawyer Orange County immediately to discuss how the conviction affects your divorce strategy.
- Gather all relevant legal documents, including the felony judgment order and sentencing details.
- Your attorney will file the divorce complaint, citing the felony conviction as a fault ground under Va. Code § 20-91(4).
- Prepare for negotiations or litigation on equitable distribution, where the conviction’s financial impact may be a factor.
- Address child custody and visitation, as the conviction will be part of the “best interests of the child” analysis under Va. Code § 20-124.3.
- Attend all court hearings at the Orange County Circuit Court, located at 110 N. Madison Road, Suite 300, Orange, VA 22960.
In Orange County, a felony conviction divorce can proceed as a fault-based action, potentially affecting spousal support awards and the court’s discretion in dividing marital property.
| Legal Issue | Classification | Potential Impact |
|---|---|---|
| Divorce Ground | Fault Ground (Va. Code § 20-91) | No mandatory separation period required; can proceed once confinement begins. |
| Spousal Support | Court Discretion | The convicted spouse’s fault may bar or reduce an award; the supporting spouse’s conviction may increase an award to the other. |
| Equitable Distribution | Marital Property Division | The circumstances of the felony (e.g., financial misconduct) may be considered under Va. Code § 20-107.3(E). |
| Child Custody | Best Interests Standard | The nature of the felony and its relation to child safety is a primary factor under Va. Code § 20-124.3. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Felony Conviction Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ case results with a 93%+ favorable outcome rate. In Orange County, we have 35 documented case results across all practice areas. Mr. Sris’s unique background includes personally amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, providing our clients with a deep, strategic advantage in complex divorce litigation involving significant assets or challenging circumstances like a felony conviction.
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 Focus
Our firm’s approach is built on documented results. In Orange County, we have achieved favorable outcomes in 35 cases across all practice areas. For example, our team has successfully negotiated property settlements in divorces where one party’s incarceration complicated asset division. We understand that a criminal conviction divorce lawyer Orange County clients trust must be adept at managing both the family court proceedings and the collateral consequences of a criminal record.
Results may vary. Prior results do not guarantee a similar outcome.
Secondary counsel on complex family law matters is often provided by Mr. Sris, whose background as a former prosecutor and drafter of Virginia family law gives him unparalleled insight into litigation strategy and statutory interpretation.
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.
Our Fairfax location serves clients at the Orange County courts. We represent individuals in Orange and Gordonsville. As a dedicated felony conviction divorce lawyer Orange County residents can rely on, we offer accessible representation. Contact us for a criminal conviction divorce lawyer Orange County consultation to discuss your specific situation.
Felony Conviction Divorce FAQs
Can a felony conviction be used as grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91(4), a felony conviction with a sentence of more than one year, where confinement has begun, is a specific fault ground for divorce. This allows a spouse to file without waiting through a separation period.
How does a felony conviction affect child custody in a divorce?
It depends. The court’s sole focus is the child’s best interests under Va. Code § 20-124.3. The nature, timing, and relevance of the felony to parenting are critically examined. A conviction for a violent crime may severely restrict custody, while a non-violent financial crime may have less direct impact.
Will I lose my rights to marital property if I am convicted of a felony?
No, a conviction does not automatically forfeit your right to equitable distribution. Virginia law (Va. Code § 20-107.3) requires a fair, not equal, division of marital property. However, the circumstances of the felony, such as dissipating marital assets, can be a factor the court considers.
Can I get spousal support if my spouse is convicted of a felony?
It depends. Fault, including a felony conviction, is a factor in spousal support awards under Va. Code § 20-107.1. If the convicted spouse’s misconduct affected the marital finances or relationship, it may justify a support award to the other spouse. The court has broad discretion.
Where is a felony conviction divorce filed in Orange County?
All divorces, including those based on felony conviction, are filed with the Orange County Circuit Court, located at 110 N. Madison Road, Suite 300, Orange, VA 22960. The filing fee for a divorce complaint is approximately $86.
For more information, see our Virginia Family Law hub page. We also assist clients in Fairfax County and with related matters like criminal defense in Orange County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.