Felony Conviction Divorce Lawyer Roanoke County, VA
When a spouse is convicted of a felony and sentenced to confinement for more than one year, the impact on a marriage is profound. Virginia law recognizes this reality by providing a fault-based ground for divorce under Va. Code § 20-91(3), which permits a divorce from the bond of matrimony when one party has been sentenced to imprisonment for more than one year following a felony conviction. In Roanoke County, these matters are heard in the Roanoke County Circuit Court at 305 East Main Street in Salem, within the Twenty-third Judicial District. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent clients in felony-conviction divorce proceedings throughout Roanoke County, including Salem, Vinton, Cave Spring, Hollins, and Catawba. To discuss your situation and how the firm may assist, call (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What a Felony Conviction Divorce Means in Roanoke County, Virginia
Virginia Code § 20-91 sets out the grounds for divorce from the bond of matrimony. Under subsection (3), a party may seek a divorce when the other spouse has been convicted of a felony and sentenced to confinement for more than one year. Unlike Virginia’s no-fault divorce grounds — which require either a six-month separation with a written agreement and no minor children, or a one-year separation — the felony-conviction ground carries no mandatory separation period. The divorce action may proceed once the conviction and sentence have occurred, provided the party seeking the divorce meets Virginia’s six-month domiciliary residency requirement under Va. Code § 20-97.
In Roanoke County, the Circuit Court holds exclusive original jurisdiction over all divorce proceedings under Va. Code § 20-96. The court is located at 305 East Main Street, Salem, VA 24153, and serves the communities of Salem, Vinton, Cave Spring, Hollins, and Catawba. Matters involving custody, visitation, and child support that are not part of a divorce action are handled separately in the Roanoke County Juvenile and Domestic Relations District Court. Because a felony-conviction divorce raises issues beyond the dissolution of the marriage — including property classification, equitable distribution under , and potentially spousal support under Va. Code § 20-107.1 — experienced legal guidance can help ensure all related matters are properly addressed in the Circuit Court proceeding.
How Mr. Sris and His Of Counsel Approach Felony Conviction Divorce Cases
Mr. Sris and his Of Counsel team bring over 120 years of combined legal experience, including over 4,739 documented firm-wide results, to family law matters. Results may vary. A felony-conviction divorce involves several distinct legal steps. The process begins with filing a Complaint in the Roanoke County Circuit Court, which must allege the felony conviction ground and the sentence of confinement exceeding one year. Because this is a fault-based ground, the filing party must present evidence of the conviction and sentence. The court may also address equitable distribution of marital property, spousal support, and — if applicable — custody and visitation arrangements for any minor children.
In many cases, the incarcerated spouse’s confinement raises practical considerations for service of process, court appearances, and the presentation of evidence. Mr. Sris and his Of Counsel are experienced in managing the procedural requirements that arise when one party is incarcerated. The firm works to ensure the divorce action proceeds efficiently while protecting the filing party’s interests in property division, support, and any child-related determinations. Each case follows its own timeline depending on court scheduling, the complexity of the marital estate, and whether the matter is contested or uncontested.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings firsthand understanding of criminal proceedings to family law matters involving felony convictions. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team includes attorneys with backgrounds in law enforcement, prosecution, and complex litigation — all engaged through Excella and working collaboratively to represent clients in Roanoke County and across Virginia.
Frequently Asked Questions
Can I get a divorce in Virginia if my spouse is in prison for a felony?
Yes — Virginia law permits divorce when a spouse has been convicted of a felony and sentenced to confinement for more than one year. This is a fault-based ground under Va. Code § 20-91(3). Unlike no-fault divorce, there is no mandatory separation period — the divorce action may proceed once the conviction and sentence have occurred. The case is filed in the Circuit Court of the county where either party resides, provided the filing party meets Virginia’s six-month residency requirement under Va. Code § 20-97. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Does a felony conviction affect property division in a Virginia divorce?
A felony conviction itself does not automatically alter how marital property is divided, but the circumstances surrounding the conviction may be relevant to the court’s equitable distribution analysis. Virginia is an equitable distribution state — marital property is divided fairly, though not necessarily equally, based on factors enumerated in . The court may consider the circumstances that contributed to the dissolution of the marriage, which can include the conduct experienced to the felony conviction. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What happens with child custody when one parent is incarcerated for a felony?
Incarceration does not automatically terminate parental rights, but it is a significant factor in custody determinations. Virginia courts decide custody based on the best interests of the child under Va. Code § 20-124.3, which requires consideration of ten statutory factors. A parent’s incarceration affects several of these factors, including the parent’s ability to provide care and maintain a relationship with the child. Custody matters involving an incarcerated parent are addressed in the Roanoke County Circuit Court if part of a divorce, or in the Juvenile and Domestic Relations District Court as a standalone matter. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How long does a felony conviction divorce take in Roanoke County?
The timeline for a felony-conviction divorce varies depending on whether the matter is contested, the complexity of the marital estate, and the Circuit Court’s calendar. Because no mandatory separation period applies to this fault ground, the divorce may proceed more quickly than a no-fault action. However, if the incarcerated spouse contests the divorce or if complex property, support, or custody issues require evidentiary hearings, the matter may take longer to resolve. The court schedules proceedings on its calendar, and counsel can provide a more specific estimate after reviewing the facts of the case.
Do I need a lawyer for a felony conviction divorce in Roanoke County?
You are not legally required to hire a lawyer to file for divorce in Virginia, but legal representation can help address the procedural and substantive issues that arise when one spouse is incarcerated. A felony-conviction divorce involves fault-ground pleading requirements, service-of-process considerations when the spouse is in custody, and related determinations regarding property, support, and child custody. Mr. Sris and his Of Counsel have experience handling these matters in Roanoke County Circuit Court. To discuss your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Related Practice Areas
Mr. Sris and his Of Counsel also represent clients in related family law matters across Virginia:
- Family Law Lawyer Fairfax County, VA
- Family Law Lawyer Prince William County, VA
- Family Law Lawyer Manassas, VA
- Family Law Lawyer Falls Church, VA
- Contested Divorce Lawyer Virginia
Virginia Legal Resources
For additional information on Virginia divorce law:
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