Felony Conviction Divorce Lawyer Colonial Heights, VA
If your spouse has been convicted of a felony and sentenced to serve more than one year in confinement, Virginia law provides a fault-based ground for divorce. Under Va. Code § 20-91(3), a person may seek a divorce from the bond of matrimony when the other spouse has been convicted of a felony, sentenced to imprisonment for more than one year, and actually confined after that conviction, and cohabitation has not been resumed after knowledge of the confinement. Law Offices Of SRIS, P.C. represents individuals in Colonial Heights, Chesterfield County, and throughout the Richmond metropolitan area who are ready to move forward on this ground. Mr. Sris, Owner and Founder of the firm, and his Of Counsel bring extensive experience handling fault-based divorce cases, including those that involve complex property division and support issues. The firm’s Richmond Location is available to assist clients with all procedural steps before the Colonial Heights Circuit Court. To discuss whether a felony conviction divorce is right for your situation, call (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Felony Conviction Divorce in Colonial Heights, Virginia
When a spouse is convicted of a felony and incarcerated for more than one year, the innocent spouse may file for divorce immediately—no separation period is required under this fault ground. This can affect both the timeline and the way marital property is divided. The divorce action must be filed in the Circuit Court of the City of Colonial Heights, located at 550 Boulevard, Colonial Heights, Virginia 23834. The Circuit Court has exclusive jurisdiction over divorce and will also address related issues such as equitable distribution, spousal support, and, if the parties incorporate them, child custody and support.
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. A judge may consider fault, including a felony conviction, as one of the 11 statutory factors when deciding how to divide assets or whether to award spousal support. The fact that one spouse is incarcerated may influence the court’s decisions regarding the marital home, retirement accounts, and other assets. The process can become more complex if the incarcerated spouse contests the divorce or disputes asset division; experienced legal guidance helps ensure your rights are protected throughout the proceedings.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
Law Offices Of SRIS, P.C. begins each matter with a careful review of the client’s situation, including gathering the conviction records, sentencing documentation, and any evidence that cohabitation has not resumed. The firm prepares and files the Complaint for Divorce in the Colonial Heights Circuit Court and handles service of process on the incarcerated spouse through the appropriate method. If immediate financial or custodial relief is needed, the attorneys may request pendente lite orders to address temporary support, property preservation, or parenting arrangements while the divorce is pending.
If the incarcerated spouse does not contest the action, the case may be resolved through a deposition or an agreed final order submitted to the court. When the matter is contested, Mr. Sris and his Of Counsel are prepared to litigate issues including the valuation of marital assets and the impact of the spouse’s incarceration on support obligations. Because Virginia law allows the court to consider fault in dividing property, establishing the felony conviction and its circumstances can play an important role in working toward a favorable outcome. The firm handles every step—from initial filing through entry of the final decree of divorce.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing law since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised Virginia’s equitable distribution statute. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to family law cases across the Commonwealth, supported by 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based ground for divorce in Virginia under Va. Code § 20-91(3). It allows a spouse to seek divorce when the other spouse has been convicted of a felony, sentenced to more than one year of confinement, and actually confined after that conviction, and the couple has not resumed cohabitation after the innocent spouse learned of the confinement. No separation period is required under this ground, which can accelerate the divorce timeline compared to a no-fault case. The divorce must be filed in the Circuit Court of the appropriate city or county; for Colonial Heights residents, that is the Colonial Heights Circuit Court.
How does a felony conviction affect property division and spousal support?
In Virginia, a felony conviction can influence equitable distribution and spousal support because fault is one of the factors courts consider. Under Va. Code § 20-107.3, the judge may weigh a spouse’s criminal conduct when dividing marital property and determining whether to award spousal support. The incarcerated spouse’s reduced income and inability to contribute to marital assets can also be relevant factors. There is no formula; the judge has discretion to achieve a fair result based on all 11 statutory factors. Because property division is fact-specific, working with an attorney who understands how these factors interplay in fault-based cases can help you present your circumstances effectively.
Can I file for a felony conviction divorce if my spouse is still in prison?
Yes, you may file for a felony conviction divorce while your spouse is still incarcerated. The statute requires that the spouse be convicted and confined for more than one year; it does not require that they be released. The divorce action proceeds in Circuit Court, and the incarcerated spouse must be served with the Complaint for Divorce. If they do not respond, the case may proceed uncontested after notice. If they contest, the court will schedule a hearing. The pending divorce does not affect the incarcerated spouse’s criminal status, but it does resolve the marriage and associated financial and custody issues.
Does a felony conviction affect child custody in Virginia?
A felony conviction and incarceration can affect child custody decisions, but it does not automatically strip a parent of custody rights. Virginia courts decide custody based on the best interests of the child under Va. Code § 20-124.3, considering factors like each parent’s relationship with the child, the parent’s ability to provide care, and any history of abuse. A parent serving a lengthy sentence may be unable to exercise physical custody, so the court may award sole custody to the other parent and possibly supervised visitation if the child’s safety is a concern. In many felony conviction divorces, custody arrangements are resolved as part of the overall divorce settlement.
Is a separation period required before filing for a felony conviction divorce?
No separation period is required before filing for a felony conviction divorce in Virginia. Unlike a no-fault divorce, which requires a six-month or one-year separation, the felony conviction ground allows the innocent spouse to file as soon as the conviction, sentence, and confinement conditions are met. This means you do not have to live apart for a set period before initiating the divorce. However, the overall timeline still depends on the court’s calendar and the responsiveness of the incarcerated spouse. An attorney can help you move the case forward efficiently.
What should I bring to a consultation about a felony conviction divorce?
When consulting an attorney about a felony conviction divorce, bring your spouse’s conviction records, sentencing documents, and evidence of the confinement. Also bring any marriage certificate, financial documents (bank statements, tax returns, property deeds), and information about children’s needs if custody is at issue. Having these materials ready helps the attorney assess the strength of your case and advise you on the likely path forward. At Law Offices Of SRIS, P.C., we work with you to gather the necessary documentation and prepare a clear record for the court.
Primary Source References
Va. Code § 20-91 — Grounds for divorce
Virginia Circuit Courts — General information
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