In Roanoke County, Virginia, a felony conviction is a fault ground for divorce under Va. Code § 20-91, requiring the convicted spouse to have been imprisoned for at least one year. Law Offices Of SRIS, P.C. has 34 documented results in Roanoke County, including 4 dismissals and 28 reductions, providing experienced representation for clients seeking a Felony Conviction Divorce Lawyer Roanoke County.
Felony Conviction Divorce Lawyer in Roanoke County, Virginia
Under Virginia law, a felony conviction serves as a fault ground for divorce. Va. Code § 20-91(A)(3) provides that a divorce may be granted when a spouse has been convicted of a felony and has been imprisoned for a period of at least one year. This ground does not require a separation period, unlike no-fault divorces which require 6 months (with a signed separation agreement and no minor children) or 1 year (with minor children). The conviction must be final and the imprisonment must be continuous. The court considers the nature of the felony, the length of incarceration, and the impact on the marital relationship. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience. Advocacy Without Borders — our firm handles complex family law matters across Virginia.
Last verified: April 2026 | Roanoke County Circuit Court | Virginia General Assembly — official site
For the full text of the divorce statute, see Va. Code § 20-91 (Virginia General Assembly — official site). For the equitable distribution statute personally amended by Mr. Sris, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Roanoke County Circuit Court, prosecutors and family court judges routinely expect a certified copy of the felony conviction order and sentencing order as part of the divorce complaint. We have observed that failing to provide these documents at the time of filing can delay the case by several weeks.
- Obtain a certified copy of the felony conviction order from the court where the conviction occurred.
- Obtain a certified copy of the sentencing order showing the term of imprisonment.
- Verify that the imprisonment period has been at least one continuous year.
- File the complaint for divorce at Roanoke County Circuit Court, 305 East Main Street, Salem, VA 24153.
- Serve the complaint on the incarcerated spouse via the correctional facility’s process service procedures.
- Attend the final hearing with a corroborating witness to testify to the grounds.
In Roanoke County, a divorce based on felony conviction carries no direct criminal penalty, but the fault ground affects equitable distribution, spousal support, and custody determinations under Virginia law.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Divorce Ground) | Fault Ground under Va. Code § 20-91(A)(3) | 1+ year imprisonment required | N/A (divorce proceeding) | N/A | Affects equitable distribution, spousal support, and custody |
Results may vary.
Law Offices Of SRIS, P.C. has 34 documented results in Roanoke County: 4 dismissed or not guilty, 28 reduced or amended — a favorable-outcome rate of 94%. Results may vary. These results include cases across multiple practice areas, demonstrating our firm’s commitment to achieving favorable outcomes for our clients.
Our location in Woodstock is approximately 90 miles from Roanoke County Circuit Court, with access via I-81 and I-581. We serve as a Felony Conviction Divorce Lawyer Roanoke County for clients throughout the region. Serving the communities of Salem, Vinton, Cave Spring, Hollins, and Catawba. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St, Suite 103, Woodstock, VA 22664
Phone: (888) 437-7747
By appointment only.
Frequently Asked Questions
How long does a divorce take in Roanoke County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Roanoke County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Roanoke County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. For felony conviction grounds, no separation period is required, which can expedite the process. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
How much does a divorce cost in Roanoke County, Virginia?
Yes. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Roanoke County General District Court.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Roanoke County Circuit Court (305 East Main Street, Salem, VA 24153) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Roanoke County, Virginia?
It depends. Custody in Roanoke County is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Roanoke County J&DR Court handles standalone custody. Roanoke County Circuit Court handles custody within divorce cases.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Roanoke County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party.
How does a Virginia lawyer defend against felony conviction divorce charges?
It depends. Defense strategies for felony conviction divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (grounds for divorce) to build the strongest possible defense.
What should I do if I am facing felony conviction divorce charges in Virginia?
If facing felony conviction divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
What are the penalties for felony conviction divorce in Virginia?
It depends. Penalties for felony conviction divorce in Virginia depend on the specific charges, prior record, and circumstances. Under Va. Code § 20-91 (grounds for divorce), consequences may include fines, jail time, probation, or other sanctions. Consult a Virginia family law attorney for case-specific guidance.
For more information, visit our Visitation Enforcement Lawyer Virginia hub page. You may also be interested in our Complex Property Division Lawyer Goochland County and Complex Property Division Lawyer Albemarle County pages.
Last verified: April 2026. This page was last updated on 2026-04-30.