Felony Conviction Divorce Lawyer King William County, VA
When a spouse is convicted of a felony and sentenced to more than a year of confinement, Virginia law provides the other spouse with a fault ground to seek a divorce. Law Offices Of SRIS, P.C. represents the party pursuing the divorce, not the incarcerated individual. With over 25 years of experience serving King William County from our Richmond Location, we help clients navigate divorce proceedings that hinge on a spouse’s criminal conviction. The King William County Circuit Court at 351 Courthouse Lane, Suite 201, King William, VA 23086, handles divorce actions, while the Juvenile and Domestic Relations Court addresses custody and support. Whether you are in King William, West Point, Aylett, or elsewhere in the Ninth Judicial District, you can reach our firm at (888) 437-7747 to schedule a consultation. We focus on protecting your rights and pursuing favorable outcomes in property division, spousal support, and custody matters, even when one spouse is imprisoned. Results may vary. Past outcomes do not guarantee a similar result. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How the Felony Conviction Ground Works in Virginia
Under Va. Code § 20-91, a spouse may file for divorce on the ground that the other spouse has been sentenced to confinement for more than one year for a felony. This is a fault-based ground, meaning the conduct of the incarcerated spouse is the reason for the divorce. Unlike no-fault divorce, which requires a separation period, the felony conviction ground allows immediate filing without waiting for the separation period to run. The court will require proof of the conviction and sentence, typically through certified court records. The divorce complaint must be filed in the King William County Circuit Court.
Because this is a fault divorce, the court may consider the felony conviction as a factor when dividing marital property under Va. Code § 20-107.3 and when determining spousal support under § 20-107.1. Virginia is an equitable distribution state, not a community property state, and fault can influence how the court distributes assets. The incarcerated spouse’s absence may also affect custody and visitation decisions, with the best interests of the child being the primary consideration. Mr. Sris and his Of Counsel team have experience handling complex divorce cases involving incarceration and can advise you on likely outcomes.
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. A former prosecutor, he brings insight into how criminal histories can intersect with family law matters. Mr. Sris is licensed in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that affected equitable distribution law. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary.
Frequently Asked Questions About Felony Conviction Divorce in King William County
What exactly is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based divorce granted when one spouse has been sentenced to confinement for more than one year for a felony. Under Va. Code § 20-91, this ground allows the other spouse to end the marriage without the typical separation period required in no-fault divorces. The court must be presented with official evidence of the conviction and sentence. This type of divorce can affect how property is divided, spousal support is awarded, and child custody is determined. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I file for divorce immediately after my spouse is sentenced?
Yes, you may file for divorce under the felony conviction ground as soon as the sentencing occurs, even if the spouse has not yet begun serving the sentence. There is no waiting period beyond the normal procedural requirements. You must satisfy Virginia’s six-month residency requirement before filing. Because the ground is fault-based, the divorce can proceed without the one-year or six-month separation that no-fault divorces require. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What if my spouse is convicted in another state?
A felony conviction from another jurisdiction qualifies as long as the crime would be considered a felony in Virginia and the sentence is for more than one year of imprisonment. You will need to provide certified records of the out-of-state conviction. The Virginia court will apply Virginia law when determining the effect on divorce. A marriage validly contracted in another jurisdiction is presumptively recognized under the lex loci celebrationis doctrine, so the divorce proceeds under Virginia law regardless of where the marriage occurred.
Do I have to wait until my spouse serves the full sentence?
No, you do not need to wait for the completion of the sentence. The ground is based on the fact of the conviction and sentence, not on the time actually served. Once the divorce is granted, the marriage is dissolved. The incarcerated spouse’s rights in the divorce will be protected through service of process; if the spouse is imprisoned, alternative service methods may be available. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How does a felony conviction affect property division and alimony?
A spouse’s felony conviction can be considered as a factor in equitable distribution and spousal support decisions. Under Va. Code § 20-107.3, the court has discretion to divide marital property equitably, and fault may influence the percentage each party receives. Similarly, under § 20-107.1, the court may weigh the conviction when deciding alimony. Because the incarcerated spouse often cannot contribute financially, the non-incarcerated spouse may receive a larger share of assets and support. Each case is decided on its specific facts.
What about child custody when one parent is incarcerated?
Child custody is determined based on the best interests of the child, and a parent’s incarceration is a significant factor. The King William County Juvenile and Domestic Relations Court typically handles custody decisions when the parents are divorcing. The court will consider the child’s relationship with the incarcerated parent, any safety concerns, and the ability to maintain contact. Visitation may be limited or supervised. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What documents do I need to prove the conviction?
You must provide certified copies of the conviction order and sentencing order from the criminal court. These documents should be obtained from the clerk of the court where the conviction occurred. In King William County, the divorce complaint is filed in the Circuit Court, and the conviction records are attached as exhibits. If the conviction is from another state, you may need to authenticate them. An experienced attorney can help you gather the necessary paperwork to meet the court’s requirements.
How long does the divorce process take in King William County?
The timeline for a felony conviction divorce varies depending on court scheduling and whether the case is contested. Uncontested cases may resolve relatively quickly once proof of the conviction is presented, but contested matters involving property disputes or custody can take longer. The King William County Circuit Court manages its docket, and hearings are set according to that calendar. To discuss the timeline for your specific situation, contact our firm at (888) 437-7747.
Do I need a lawyer for a divorce based on a spouse’s felony conviction?
While you are not required to have a lawyer, obtaining an experienced family law attorney can help ensure the process moves efficiently and your rights are protected. A lawyer will know how to present the conviction evidence, address service issues with an incarcerated spouse, and argue for favorable property and support outcomes. Mr. Sris and his Of Counsel concentrate in family law matters and are familiar with the King William County court system. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How can I schedule a consultation with your firm?
You can schedule a consultation by calling Law Offices Of SRIS, P.C. at (888) 437-7747. During the consultation, we will discuss the specifics of your situation, including the details of the conviction, your goals for property division, support, and custody. Our Richmond Location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 is available by appointment. We serve clients throughout King William County, including King William, West Point, and Aylett.
Related pages: Fairfax County Family Law Lawyer | Prince William County Family Law Lawyer | Manassas Family Law Lawyer
Va. Code § 20-91 (Divorce Grounds) | Virginia Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.