Felony Conviction Divorce Lawyer Fluvanna County, VA
Your spouse has been convicted of a felony in Virginia and sentenced to more than one year in prison. You are considering divorce and wonder how the conviction affects your options. Virginia law provides a specific ground for divorce based on a spouse’s felony incarceration, and Fluvanna County Circuit Court hears these matters. Law Offices Of SRIS, P.C. assists clients throughout Fluvanna County. Schedule a consultation at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Your Legal Options When a Spouse Is Convicted of a Felony
Under Virginia Code § 20-91, a spouse’s conviction of a felony and sentence to confinement for more than one year is a fault ground for divorce. This means you do not need to wait through a period of separation. You may file for divorce as soon as the conviction and sentence are final. To prove the ground, you generally present a certified copy of the conviction and sentencing order. The Circuit Court has exclusive jurisdiction over the divorce itself; the Fluvanna County Juvenile and Domestic Relations District Court handles any related custody, visitation, or child-support matters. Mr. Sris and his Of Counsel can explain how the felony-conviction ground fits your specific circumstances. For a full statutory breakdown, visit our comprehensive analysis at srislawyer.com.
What to Expect in a Felony Conviction Divorce Case in Fluvanna County
You file a Complaint for Divorce in the Fluvanna County Circuit Court, located at 72 Main Street, Suite B, Palmyra, VA 22963. The court requires that at least one spouse be a bona fide resident and domiciliary of Virginia for six months before filing. The process moves forward according to the court’s schedule; the timeline depends on case complexity, whether the defendant responds, and the availability of evidence of the conviction. In an uncontested case, a corroborating witness may be needed. If custody, support, or property issues are contested, the Juvenile and Domestic Relations Court may become involved for those matters while the divorce proceeds in Circuit Court. Mr. Sris and his Of Counsel work through each step with you.
How a Felony Conviction Affects Divorce, Property, and Support
A felony-conviction ground can influence spousal support. Under Virginia Code § 20-107.1, the court may consider marital fault when deciding whether to award support and in what amount. A spouse who committed a serious crime experienced to incarceration may receive less support, or none. Equitable distribution under § 20-107.3 also allows the court to weigh the circumstances that led to the dissolution of the marriage. The conviction and the spouse’s limited earning capacity while incarcerated can affect how property is divided. The court makes its determination based on the statutory factors; outcomes are fact-specific.
Why Choose Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced family law since 1997. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His Of Counsel team brings experience across multiple areas. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have documented 4,739+ case results. Results may vary.
Frequently Asked Questions
Can I divorce my spouse if they are in prison?
Yes, Virginia law permits you to divorce a spouse who has been convicted of a felony and sentenced to imprisonment for more than one year. This is a fault ground under Va. Code § 20-91. No separation period is required before filing. You will need a certified copy of the conviction and sentencing documents.
How long does a felony conviction divorce take in Fluvanna County?
The timeline depends on court scheduling, whether the divorce is contested, and how quickly evidence of the conviction can be obtained. An uncontested case may move through the process relatively quickly, but if custody, support, or property issues are disputed, hearings and additional court involvement can extend the timeline. The Fluvanna County Circuit Court manages its own calendar.
Does the conviction affect property division?
Yes, the court may consider the circumstances experienced to the dissolution when dividing property. Virginia follows equitable distribution under § 20-107.3, and the conviction can be one of the factors. The value of assets, debts, and each spouse’s contributions are also evaluated.
Will the convicted spouse’s incarceration impact spousal support?
It can. Fault is a factor for spousal support under § 20-107.1. A court may decide that a spouse whose criminal conduct led to the divorce should not receive support, or it may award a reduced amount. The spouse’s ability to pay while incarcerated is also relevant.
Do I need a lawyer for a felony conviction divorce in Fluvanna County?
You are not required to hire a lawyer, but legal representation can help you present the proper evidence, address custody and financial issues, and follow local court procedures. The Fluvanna County Circuit Court expects filings to meet statutory requirements. Mr. Sris and his Of Counsel can guide you through the process.
What if my spouse was convicted of a misdemeanor rather than a felony?
A misdemeanor conviction alone does not create a fault ground for divorce under Virginia law. You would need to rely on another ground, such as separation or other fault grounds like cruelty or desertion, if applicable. An attorney can review your situation and advise on the strongest available ground.
Contact Law Offices Of SRIS, P.C. Today
If you are considering divorce because your spouse has been convicted of a felony, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. We assist clients throughout Fluvanna County from our Shenandoah Location at 505 N Main St, Suite 103, Woodstock, VA 22664.
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