Felony Conviction Divorce Lawyer Greene County — Protecting Your Rights After a Criminal Conviction
A felony conviction can be a fault ground for divorce in Virginia under Va. Code § 20-91(A)(iv), requiring one year of imprisonment. A felony conviction divorce lawyer Greene County from Law Offices Of SRIS, P.C. is essential to handle the impact on custody, support, and property division. Our firm has documented results in Greene County. We provide 24/7 consultations.
Last verified: April 2026 | Greene County Circuit Court | Virginia General Assembly
In Virginia, a felony conviction is a specific fault ground for divorce. The statute requires that the convicted spouse be sentenced to confinement for more than one year and that at least one year of the sentence has been served. This legal standard is distinct from other fault grounds like adultery or cruelty. A felony conviction divorce lawyer Greene County understands how to handle the unique procedural requirements of filing on this ground, including providing certified documentation of the conviction and sentence from the Virginia Department of Corrections or other relevant authority.
The impact of a felony conviction extends beyond the grounds for divorce itself. It becomes a central factor in related matters heard in Greene County courts. In custody disputes under Va. Code § 20-124.3, the court must consider any history of family abuse or criminal activity that places the child’s health or safety at risk. A conviction can severely impact a parent’s custodial rights and visitation. In spousal support determinations under Va. Code § 20-107.1, the court considers the circumstances skilled to the divorce, including marital misconduct. A criminal conviction divorce lawyer Greene County is critical to argue for or against the relevance of the conviction in these ancillary proceedings.
- Gather Documentation: Obtain certified copies of the felony conviction judgment and sentencing order, plus proof from the Department of Corrections showing service of one year.
- File the Complaint: Your lawyer will file a Complaint for Divorce in Greene County Circuit Court, specifically citing Va. Code § 20-91(A)(iv) as the ground.
- Serve Your Spouse: The complaint and supporting documents must be formally served on your spouse, who has 21 days to respond.
- Address Related Issues: Simultaneously, your attorney will prepare for hearings on temporary custody, support, and property issues, strategically addressing the conviction’s impact.
- Proceed to Hearing or Settlement: If the ground is uncontested, the case can proceed to a final hearing. If contested, your lawyer will litigate the relevance and effect of the conviction.
Penalties and Consequences in a Felony Conviction Divorce
In Greene County, a divorce based on felony conviction is a fault-based proceeding that can significantly affect custody, support, and the division of marital assets.
| Legal Issue | Direct Impact of Felony Conviction | Considerations in Greene County |
|---|---|---|
| Grounds for Divorce | Establishes fault under Va. Code § 20-91(A)(iv). | Requires proof of 1+ year sentence served; no waiting period beyond that year. |
| Child Custody | Court must consider criminal history under Va. Code § 20-124.3. | Can lead to supervised visitation or loss of custody if child’s safety is a concern. |
| Spousal Support | Marital misconduct is a factor under Va. Code § 20-107.1. | The convicted spouse may be barred from receiving support or ordered to pay. |
| Property Division | Fault generally does not affect equitable distribution under Va. Code § 20-107.3. | However, dissipation of assets due to criminal activity can be considered. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Greene County Felony Conviction Divorce Lawyers
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined attorney experience to complex family law matters, including those involving criminal convictions. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving our team deep insight into Virginia family law. We understand that a felony conviction adds layers of complexity to a divorce, affecting everything from courtroom strategy to negotiations. We approach each case with a focus on protecting your parental rights and financial interests during this challenging time.
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 has a documented record of favorable outcomes. In Greene County and across Virginia, we have secured resolutions for clients facing the intersection of family and criminal law. Founding attorney Mr. Sris provides strategic oversight on these sensitive matters. Results may vary. Prior results do not guarantee a similar outcome.
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 Greene County courts in Stanardsville. We represent individuals in Stanardsville, Ruckersville, and surrounding communities. If you need a divorce after felony lawyer Greene County, we are accessible via Route 29 and provide 24/7 phone availability for consultations.
Felony Conviction Divorce in Greene County: Frequently Asked Questions
Is a felony conviction grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91(A)(iv), a felony conviction is a fault ground for divorce if the convicted spouse is sentenced to confinement for more than one year and at least one year has been served.
How does a felony conviction affect child custody in Virginia?
It depends. Under Va. Code § 20-124.3, the Greene County court must consider any history of family abuse or criminal activity that affects the child’s health or safety. A felony conviction, especially for a violent crime, can lead to supervised visitation or restricted custody. The nature and timing of the conviction are critical factors.
Can I get spousal support if my spouse divorces me for a felony?
It depends. Virginia law (Va. Code § 20-107.1) allows the court to consider marital misconduct, including the circumstances of the divorce. A spouse at fault due to a felony conviction may be barred from receiving support or may be ordered to pay support to the innocent spouse, based on the other statutory factors like need and ability to pay.
What proof do I need for a felony conviction divorce in Greene County?
You need certified documentation. This includes a certified copy of the sentencing order and official proof from the Virginia Department of Corrections (or other jurisdiction) that the convicted spouse has served at least one year of the sentence. Your felony conviction divorce lawyer Greene County will help you obtain and present this evidence.
Should I file for divorce before or after my spouse’s criminal appeal?
Consult a lawyer immediately. Filing while an appeal is pending can complicate matters, as the conviction may not be final. A criminal conviction divorce lawyer Greene County can advise on timing, potentially filing on separate grounds initially or waiting for the appeal’s resolution to use the conviction ground.
For more information on Virginia divorce law, you can review the official Virginia General Assembly statutes. For Greene County court procedures, visit the Greene County Circuit Court website.
If you are facing a divorce involving a criminal record, contact a felony conviction divorce lawyer Greene County at Law Offices Of SRIS, P.C. today. We also assist with related matters like criminal defense in Greene County and family law across Virginia.