Augusta County Felony Conviction Divorce Lawyer — What Are Your Options?
A felony conviction is a fault ground for divorce in Virginia under Va. Code § 20-91(A)(3), requiring one year of imprisonment. A felony conviction divorce lawyer Augusta County from Law Offices Of SRIS, P.C. can protect your rights in this complex process. Our firm has 13 documented results in Augusta County. We provide full representation for divorce after felony lawyer Augusta County cases.
Last verified: April 2026 | Augusta County Circuit Court | Virginia General Assembly
Virginia Law on Divorce After a Felony Conviction
Virginia law provides specific fault grounds for divorce, including a felony conviction. Under Va. Code § 20-91(A)(3), you may file for divorce if your spouse has been convicted of a felony, sentenced to confinement for more than one year, and has been confined for that period after the conviction. This is distinct from no-fault separation grounds. The case is filed in the Circuit Court where you or your spouse resides. A criminal conviction divorce lawyer Augusta County understands how to prove this ground, which requires presenting certified documentation of the conviction and sentence.
Official Legal Resources
For the full text of the statute, see Va. Code § 20-91 (official Virginia General Assembly). For court-specific forms and procedures, visit the Augusta County Circuit Court website.
handling a Felony-Based Divorce in Augusta County
In Augusta County, filing for divorce on the ground of a felony conviction involves specific procedural steps. The Augusta County Circuit Court at 6 East Johnson Street in Staunton handles these filings. You must provide certified copies of the sentencing order. Even with a fault ground, all other issues—equitable distribution, spousal support, and child-related matters—must still be resolved.
- Gather certified copies of the felony conviction and sentencing order.
- File a Complaint for Divorce at the Augusta County Circuit Court Clerk’s Office.
- Ensure proper service of process on your incarcerated or released spouse.
- Attend any required hearings to prove the fault ground and address ancillary issues.
Potential Outcomes and Considerations
In Augusta County, a divorce based on a felony conviction can impact property division and support, as the court may consider marital misconduct under Va. Code § 20-107.3.
| Issue | Legal Standard | Potential Impact of Felony Conviction |
|---|---|---|
| Grounds for Divorce | Fault (Va. Code § 20-91) | Establishes immediate grounds if 1-year confinement served. |
| Equitable Distribution | Fair, not equal, division | Court may consider negative economic impact of the crime on the marital estate. |
| Spousal Support | Based on need and ability to pay | Conduct affecting marital well-being is a factor; incarceration may limit payor’s ability. |
| Child Custody/Visitation | Best interests of the child | Conviction is a significant factor under Va. Code § 20-124.3, potentially restricting access. |
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. Our tagline, “Advocacy Without Borders,” reflects our commitment. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving us deep insight into property division arguments that may arise in your case.
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
Documented Experience in Augusta County
Law Offices Of SRIS, P.C. has 13 total documented case results across all practice areas in Augusta County with a 100% favorable outcome rate. For example, our team has successfully negotiated reductions in serious traffic charges in Augusta County General District Court. Results may vary. Mr. Sris, our managing attorney and a former prosecutor, provides strategic oversight on all family law matters, ensuring a strong defense of your interests.
Local Representation for Augusta County
Our Shenandoah/Woodstock location serves clients at Augusta County courts. We are accessible via I-81 and Route 11. We are a felony conviction divorce lawyer near Staunton and Waynesboro. We serve the communities of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville. 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
505 N Main St #103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions
Is a felony conviction automatic grounds for divorce in Virginia?
Yes, but with conditions. Under Va. Code § 20-91(A)(3), it is a fault ground if the spouse is convicted of a felony, sentenced to more than one year, and has been confined for that period after sentencing.
How does a felony conviction affect child custody in Virginia?
It depends. The court must consider the conviction under the “best interests of the child” factors in Va. Code § 20-124.3. A felony, especially involving violence or child endangerment, can severely limit or deny custody and visitation rights.
Can I get a divorce if my spouse is in prison for a felony?
Yes. Virginia law allows you to file for divorce based on the felony conviction ground once the one-year confinement requirement is met. Service of process can be completed at the correctional facility.
How long does a felony conviction divorce take in Augusta County?
It varies. An uncontested divorce on fault grounds may finalize in 2-4 months after filing. If issues like property division are contested, it can take 9-18 months or longer, depending on the Augusta County Circuit Court’s docket.
Do I need a lawyer for a divorce based on a felony?
Yes. Proving the fault ground requires specific legal documentation and procedure. A felony conviction divorce lawyer Augusta County can also protect your interests in the related issues of property, support, and custody.
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in Augusta County and family law in Shenandoah County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.