Felony Conviction Divorce Lawyer Chesterfield County, VA
Your spouse stood before a judge in Chesterfield County Circuit Court and received a sentence of confinement for more than one year for a felony. The conviction has upended your life, leaving you to manage a household alone, face financial uncertainty, and answer difficult questions from your children. You want to move forward — and that means filing for divorce. Virginia law permits you to use the felony conviction and imprisonment itself as a ground for divorce, without waiting out the standard separation period. At Law Offices Of SRIS, P.C., Mr. Sris helps clients in Chesterfield County and across Virginia navigate felony-conviction-based divorce proceedings with straightforward guidance and practical advocacy. Reach our Richmond Location at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Strategy Options for a Divorce Based on a Spouse’s Felony Conviction
Under Va. Code § 20-91, a felony conviction that results in confinement for more than one year is one of the fault-based grounds for an absolute divorce in Virginia. Unlike a no-fault divorce — which requires either six months of separation with a signed agreement and no minor children, or a full year of separation — a felony-conviction ground does not require any separation period before you file. You can initiate the divorce as soon as your spouse begins serving the sentence. This option can be particularly valuable when you need to protect marital assets, obtain child custody and support orders, or simply bring legal finality to a marriage that ended through imprisonment. Mr. Sris evaluates the facts of each case, including the nature of the conviction, the length of the sentence, and the impact on your family’s finances and parenting structure. They help you decide whether to proceed solely on the fault ground, to combine it with a no-fault alternative if enough time has passed, or to pursue a straightforward uncontested divorce when both parties agree. Because a felony conviction can also influence equitable distribution of property and spousal support determinations, a thoughtful strategy from the outset is important.
What to Expect at the Chesterfield County Courts
Divorce proceedings based on a spouse’s felony conviction are filed in the Chesterfield County Circuit Court, located at 9500 Courthouse Road, Chesterfield, Virginia 23832. The Circuit Court has exclusive original jurisdiction over divorce actions in Virginia. If your case also involves child custody, child support, or protective-order issues that have not yet been resolved, those matters may first be heard in the Chesterfield County Juvenile and Domestic Relations District Court before the final divorce is granted. Our Richmond Location, at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, serves clients throughout the Chesterfield County area, including Midlothian, Chester, Bon Air, Brandermill, and Moseley. Mr. Sris has appeared in the Chesterfield County courts on numerous matters; the firm has documented 15 favorable case results across all practice areas in the locality. Results may vary.
You will need to present evidence of the conviction — typically a certified copy of the sentencing order from the criminal court — and demonstrate that your spouse has been confined for more than one year. Residency requirements under Va. Code § 20-97 also apply: either you or your spouse must have lived in Virginia for at least six months before you file. If your spouse is incarcerated in a facility outside Chesterfield County or even outside Virginia, the court still has jurisdiction as long as you meet the residency threshold. Service of process on an incarcerated spouse is ordinarily accomplished through the sheriff or a private process server at the correctional facility, and the proceeding can move forward even if your spouse is unable to participate actively. When there are minor children, the court considers custody and visitation through the trusted-interests framework of Va. Code § 20-124.3, taking into account the practical reality of a parent’s extended incarceration.
How a Felony Conviction Can Affect the Outcome of Your Divorce
A felony conviction ground can influence the court’s decisions beyond simply ending the marriage. In an equitable distribution analysis, the judge may weigh the circumstances and factors that led to the divorce, including the criminal conduct and the financial harm it caused the marital estate — for example, if marital funds were used for legal defense costs or if the conviction stemmed from acts of economic misconduct. While Virginia does not penalize a spouse by automatically awarding a larger share of property to the other, the court has broad discretion to consider the conviction when distributing assets and debts. Spousal support under Va. Code § 20-107.1 is also fact-specific: the conviction and incarceration might reduce the paying spouse’s ability to provide support, or it might justify an award that would otherwise not be granted if the innocent spouse faces long-term financial disruption as a direct result of the conviction. Mr. Sris helps clients present a complete picture of the financial and personal impact so that the court has a thorough factual basis for its determinations.
About Mr. Sris
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He concentrates his practice on family law and complex litigation, and he testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience, backed by 4,739+ documented firm-wide results. Results may vary. Mr. Sris provides practical, detail-oriented representation for clients facing divorce under fault-based grounds such as a spouse’s felony conviction.
Frequently Asked Questions
Can I divorce my spouse right away after a felony conviction in Virginia?
If your spouse has been convicted of a felony and sentenced to confinement for more than one year and has actually been confined, you can file for divorce immediately. You do not need to wait for a separation period to expire. The felony-conviction ground under Va. Code § 20-91 is a fault ground that allows you to file as soon as the condition is met. The court will require proof of the conviction and the fact of imprisonment. The overall timeline to final decree depends on court scheduling and whether the case is contested or uncontested.
Will the court automatically give me more of the marital property because of my spouse’s conviction?
No, Virginia courts divide marital property equitably based on 11 statutory factors, not automatically in your favor. A felony conviction alone does not entitle you to a larger share. However, the court may consider the circumstances that led to the divorce, including any financial damage the crime caused the marital estate. Your attorney can present evidence showing how the conviction and imprisonment affected your family’s finances and stability, which can influence the court’s equitable distribution decision.
What if my spouse is incarcerated in another state or in a federal prison?
You can still file for divorce in Chesterfield County provided you meet Virginia’s residency requirement of living in the Commonwealth for at least six months. The location of the prison does not strip the Virginia court of jurisdiction. Service of process on the incarcerated spouse is arranged at the facility where they are housed. The proceeding can proceed even if your spouse cannot attend hearings in person; the court may allow telephonic or written participation in limited circumstances.
Does the conviction affect child custody and visitation?
Yes, a felony conviction and prison sentence can have a significant impact on custody and visitation determinations. The court evaluates the best interests of the child under Va. Code § 20-124.3, considering factors such as each parent’s ability to provide care and the stability of the home. A parent’s incarceration generally makes it impossible for that parent to exercise physical custody. Visitation may be allowed if the child’s safety and welfare are not endangered. The court may also address child support obligations, which can be modified based on the incarcerated parent’s inability to pay during confinement.
Can I use the felony conviction ground even if we have minor children?
Yes, the felony-conviction ground is available regardless of whether you have minor children. The existence of minor children does not bar a fault-based divorce; it simply means that custody, visitation, and child support will also need to be resolved. If you and your spouse can reach an agreement on these issues through a separation agreement, the divorce may proceed as uncontested even on the felony ground. If not, the court will decide custody and support as part of the same proceeding.
For a more detailed statutory breakdown, see our comprehensive analysis at srislawyer.com.
Contact Mr. Sris at (888) 437-7747 to discuss your situation or schedule a consultation at our Richmond Location. We serve clients throughout Chesterfield County from 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment only.
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Results may vary. Case results depend on a variety of factors unique to each case.