Felony Conviction Divorce Lawyer Chesterfield County, VA
Under Virginia law, a spouse’s felony conviction and imprisonment can serve as grounds for a fault-based divorce. If your spouse has been convicted of a felony and sentenced to confinement for more than one year, you may be entitled to an immediate divorce without the typical separation periods. Law Offices Of SRIS, P.C. represents individuals seeking to end a marriage on this ground. With Mr. Sris and his Of Counsel, the firm provides experienced representation in Chesterfield County Circuit Court, where divorce cases are heard. For a consultation, call (888) 437-7747 or the firm’s Richmond Location at (804) 201-9009. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in Chesterfield County
A felony conviction divorce in Virginia is governed by Va. Code § 20-91(3). The statute permits a spouse to file for divorce if the other spouse has been convicted of a felony and sentenced to confinement for more than one year. Because the ground is fault-based, the filing spouse does not need to wait through a separation period—the divorce can proceed as soon as the conviction and sentence are final. Chesterfield County Circuit Court, located at 9500 Courthouse Road, Chesterfield, VA 23832, has exclusive jurisdiction over divorce matters. The court applies Virginia’s equitable distribution principles under Va. Code § 20-107.3 to divide marital property fairly. Additionally, the court may address child custody, child support, and spousal support in the same proceeding. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction.
The filing fee for a divorce complaint in the Chesterfield County Circuit Court is approximately $86.
Source: Chesterfield County Circuit Court fee schedule. Virginia Circuit Court Fees
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Proving the felony conviction is relatively straightforward: a certified copy of the conviction and sentencing order from the criminal court is typically sufficient. However, the incarcerated spouse’s ability to participate in the divorce can affect scheduling and service of process. The Circuit Court may appoint a Guardian ad Litem if child custody is contested. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. Mr. Sris and his Of Counsel understand the local procedures in Chesterfield County and can guide you through each step, from filing the complaint to obtaining a final decree. The court typically requires at least one corroborating witness for an uncontested divorce hearing, and a property settlement agreement signed by both parties can resolve all issues without a trial.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When you engage Law Offices Of SRIS, P.C. for a felony conviction divorce, the process begins with a thorough review of the marriage history and the criminal case records. Mr. Sris and his Of Counsel will confirm that the conviction meets the statutory requirement—a felony sentence of more than one year—and that the court has jurisdiction. They will then prepare and file a Complaint in the Chesterfield County Circuit Court, citing Va. Code § 20-91(3) as the ground. Service of the Complaint on the incarcerated spouse is often accomplished through the sheriff or a private process server, though the specific method depends on the spouse’s location.
After the Complaint is served, the court schedules a hearing. In uncontested cases where the incarcerated spouse does not respond, the court may grant the divorce after reviewing the evidence, including the certification of conviction. For contested matters—particularly those involving child custody, support, or complex property division—the case may require additional motions and discovery. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. Mr. Sris and his Of Counsel work to resolve these issues efficiently while protecting your interests. Throughout the case, you can expect clear communication and a focus on achieving a fair resolution.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with extensive experience in family law and litigation. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, Mr. Sris has handled complex divorce matters since founding the firm in 1997. He is supported by a team of Of Counsel attorneys who bring over 120 years of combined legal experience. Results may vary. Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based divorce allowed under Virginia law when one spouse has been convicted of a felony and sentenced to confinement for more than one year. Because it is a fault ground, the filing spouse does not need to complete a separation period. The divorce can be filed as soon as the conviction and sentence are final. The ground is found in Va. Code § 20-91(3). The Chesterfield County Circuit Court handles these cases and will divide marital property equitably. Mr. Sris and his Of Counsel can assist with preparing the necessary documentation. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer to file for divorce based on my spouse’s felony conviction in Chesterfield County?
You are not required by law to have a lawyer, but working with an experienced family law attorney helps ensure the divorce is processed correctly and protects your rights. Proving the felony conviction and navigating service on an incarcerated spouse involves specific legal steps. An attorney can also address property division, spousal support, and child custody. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. Law Offices Of SRIS, P.C. offers consultations to discuss your case. Call (888) 437-7747.
How do I prove my spouse’s felony conviction for the divorce?
You prove the conviction by presenting a certified copy of the criminal judgment and sentencing order from the court where the conviction occurred. This document must show that the spouse was convicted of a felony and sentenced to confinement for more than one year. The Chesterfield County Circuit Court may also require a copy of the spouse’s criminal record or a certification from the Department of Corrections. Mr. Sris and his Of Counsel can help obtain and authenticate these records.
Can I get alimony in a felony conviction divorce in Chesterfield County?
Yes, spousal support may be awarded if the court finds a need and an ability to pay, based on the factors listed in Va. Code § 20-107.1. The incarcerated spouse’s financial resources—such as prison wages, retirement accounts, or other assets—may be considered. The Chesterfield County Circuit Court will evaluate the 13 statutory factors, including the duration of the marriage, contributions, and the circumstances of the divorce. A family law attorney can present evidence supporting your request for support.
What if my spouse is incarcerated out of state?
If your spouse is incarcerated in another state, the divorce can still proceed in Virginia as long as you meet the residency requirement of Va. Code § 20-97. You must have been a resident and domiciliary of Virginia for at least six months before filing. Service of the divorce Complaint on an out-of-state inmate may require a private process server or, in some cases, service by the sheriff of the out-of-state facility. The Chesterfield County Circuit Court can grant the divorce after proper service and proof of conviction.
Related: Henrico County Family Law Lawyer, Hanover County Family Law Lawyer, Fairfax County Family Law Lawyer
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