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 Va. Code § 20-91, a felony conviction with a sentence of one or more years is a fault ground for divorce. A felony conviction divorce lawyer Fauquier County from Law Offices Of SRIS, P.C. provides essential defense against these heightened consequences.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Divorce After a Felony Conviction in Virginia
Virginia law treats a felony conviction as a fault ground for divorce. This means the non-convicted spouse can file for divorce immediately, without a mandatory separation period. The conviction can also be used against you in determining child custody, visitation, and spousal support. The court may view a felony record as evidence of unfitness or instability, particularly if the crime involved violence, dishonesty, or substance abuse. A criminal conviction divorce lawyer Fauquier County is critical to present mitigating evidence and argue for your parental and financial rights.
- Consult with a felony conviction divorce lawyer Fauquier County immediately to assess your case.
- Gather all court documents related to your conviction and sentencing.
- Your attorney will file responsive pleadings in Fauquier County Circuit Court, addressing the fault allegation.
- Prepare for negotiations or a hearing to address custody, support, and property division, with your lawyer presenting evidence of rehabilitation and stability.
Key Virginia Statutes and Resources
The primary statutes governing divorce on the grounds of felony conviction are Va. Code § 20-91 (divorce grounds) and Va. Code § 20-124.3 (custody factors). All divorce and related equity cases are filed at the Fauquier County Circuit Court.
Potential Consequences in Your Divorce
In Fauquier County, a felony conviction can lead to a fault-based divorce and negatively influence decisions on custody, visitation, and spousal support.
| Issue | Potential Impact of Felony Conviction |
|---|---|
| Custody & Visitation | Court must consider criminal history under “best interests of the child” factors (Va. Code § 20-124.3). Crimes against persons or involving moral turpitude carry significant weight. |
| Spousal Support | Conviction can be a factor in denying or reducing support, especially if it contributed to the marriage’s breakdown. |
| Property Division | Generally not directly affected, but fines, restitution, or legal fees from the criminal case may impact marital assets. |
| Divorce Grounds | Provides immediate fault ground for the non-convicted spouse to file (Va. Code § 20-91). |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Fauquier County Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the laws that affect 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
Our team, led by Samantha Powers for Virginia family law, understands the unique challenges of a divorce after felony lawyer Fauquier County case. We have a documented record of 73 case results in Fauquier County across all practice areas. Mr. Sris, our managing attorney and a former prosecutor with a background in accounting, provides strategic oversight on cases involving complex financial issues often intertwined with criminal matters.
Contact Our Fauquier County Family Law Attorneys
Our Fairfax location serves clients in Fauquier County, accessible via I-66 and Route 29. We provide experienced representation as a felony conviction divorce lawyer Fauquier County residents trust.
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.
We serve the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Frequently Asked Questions
Can my spouse get a divorce because of my felony conviction?
Yes. Under Va. Code § 20-91, a felony conviction with a sentence of one year or more is a fault ground for divorce in Virginia. Your spouse can file immediately without a separation period.
Will I lose custody of my children because of a felony?
It depends. The court considers the felony under the “best interests of the child” factors (Va. Code § 20-124.3). The nature of the crime, its recency, and evidence of rehabilitation are critical. A lawyer can present mitigating evidence to protect your parental rights.
How does a felony affect spousal support?
A felony conviction can be a factor for the court to consider when awarding or denying spousal support, especially if the criminal conduct contributed to the marriage’s dissolution. The specific impact varies with the case details.
Should I get a lawyer for a divorce after a felony conviction?
Yes. The stakes are exceptionally high for custody, support, and the divorce grounds themselves. A criminal conviction divorce lawyer Fauquier County can defend against fault allegations and fight to minimize the conviction’s impact on the final orders.
Where are felony conviction divorce cases heard in Fauquier County?
All divorce cases, including those based on felony conviction grounds, are filed and heard in the Fauquier County Circuit Court located at 6 Court Street, Warrenton, VA 20186.
Related Pages: Virginia Family Law Lawyer | Fairfax County Divorce Lawyer | Fauquier County Criminal Defense Lawyer
Last updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. for current guidance.