Felony Conviction Divorce Lawyer Prince George County, VA
When a spouse has been convicted of a felony and sentenced to confinement, Virginia law provides a fault ground for divorce. In Prince George County, the Circuit Court exercises exclusive original jurisdiction over all divorce proceedings. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel represent clients in Prince George County and throughout Virginia in family law matters, including those where a felony conviction serves as the basis for ending the marriage. To discuss your situation, reach our Richmond location at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Felony Conviction Divorce Means in Prince George County
Virginia Code § 20‑91 authorizes an absolute divorce from the bond of matrimony on several fault grounds. One fault ground is the sentencing of the other spouse to confinement of more than one year for a felony. This ground does not require a waiting period after separation; the filing spouse may proceed once the conviction and sentence are final. In Prince George County, as in all Virginia counties, the Circuit Court — not the Juvenile and Domestic Relations District Court — handles the divorce itself. The Prince George County Circuit Court sits at 6601 Courts Drive, Prince George, VA 23875, within the Eleventh Judicial District. Our Richmond location serves clients with matters before this court, and Mr. Sris and his Of Counsel regularly appear in Prince George County Circuit Court.
Using a felony conviction as the divorce ground can affect property division, spousal support, and custody determinations. Virginia is an equitable distribution state, and the court considers eleven factors under Va. Code § 20‑107.3 when dividing marital property. The existence of a felony conviction and the circumstances surrounding it may influence the court’s decisions regarding the best interests of a child under § 20‑124.3 and the amount and duration of spousal support under § 20‑107.1. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised subsection (g) of the equitable distribution statute. His understanding of the statute’s evolution provides valuable context for property division in complex family law cases.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When a client seeks a divorce based on a spouse’s felony conviction, the legal team gathers and verifies the court records proving the conviction and the sentence of confinement exceeding one year. They prepare and file a complaint in the Prince George County Circuit Court, setting out the statutory ground under § 20‑91. Because the conviction is a fault ground, the case may move forward without a separation period, but the client must still satisfy Virginia’s residency requirement: either the filing spouse or the defendant spouse must be an actual bona fide resident and domiciliary of Virginia for at least six months before filing. Mr. Sris and his Of Counsel work to identify all marital and separate property and to present a thorough position on equitable distribution, spousal support, custody, and related issues.
The process in Prince George County follows the same court rules and docketing procedures as elsewhere in Virginia. The firm’s familiarity with local practice and the Eleventh Judicial District allows for efficient preparation of pleadings and exhibits. Because the respondent spouse may be incarcerated, special arrangements for service of process or participation in hearings may be needed. Mr. Sris and his Of Counsel have experience addressing these procedural logistics while advocating for a fair outcome.
About Mr. Sris and His Of Counsel Team
Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C., admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he founded the firm in 1997 and has concentrated his practice on family law, criminal defense, and immigration. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He works alongside experienced Of Counsel, including attorneys with backgrounds in prosecution, law enforcement, and CPS litigation, who also handle family law matters. Together, Mr. Sris and his Of Counsel 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
Can I get a divorce in Virginia if my spouse is incarcerated for a felony?
Yes, a felony conviction resulting in confinement of more than one year is a fault ground for divorce in Virginia. Under Va. Code § 20‑91, the court may grant an absolute divorce on this ground without requiring a separation period. You must still meet Virginia’s six-month residency requirement. The divorce petition is filed in the Prince George County Circuit Court if either party lives in the county.
How does a felony conviction affect property division in a Virginia divorce?
The felony conviction itself does not automatically change how property is divided, but the circumstances surrounding the crime may influence the court’s equitable distribution analysis. Virginia courts consider eleven factors under Va. Code § 20‑107.3, including the contributions of each party and any circumstances experienced to the dissolution of the marriage. A felony conviction and prolonged incarceration can affect the division of marital assets, spousal support, and parenting arrangements.
Do I need a lawyer to file for divorce based on a felony conviction in Prince George County?
You are not legally required to have a lawyer, but proceeding without one can be risky when fault grounds like a felony conviction are involved. Properly proving the conviction and sentence, addressing property classification, and handling custody and support issues requires knowledge of Virginia law and local court procedure. An experienced family law attorney can help protect your interests.
What if my spouse’s felony conviction occurred in another state?
Virginia courts treat a felony conviction from any state as a ground for divorce if the sentence meets the confinement threshold. You will need to present authenticated records of the out‑of‑state conviction. The Prince George County Circuit Court can consider such evidence as part of the divorce proceeding.
Will I need a corroborating witness for an uncontested divorce based on a felony conviction?
Virginia generally requires at least one corroborating witness for an uncontested divorce hearing, even when founded on a fault ground. The witness must be able to testify to the facts supporting the divorce ground and the parties’ residency. In a felony conviction case, the conviction record itself serves as primary evidence, but a witness may still be required to confirm jurisdictional facts.
Where can I find a family law lawyer near Prince George County?
Law Offices Of SRIS, P.C. serves clients throughout Prince George County from its Richmond location. To request a consultation, call (888) 437‑7747 or reach our location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. Appointments are available by arrangement.
Additional Prince George County family law pages:
Fairfax County Family Law · Fairfax City Family Law · Falls Church Family Law · Prince William County Family Law · Manassas Family Law
Virginia official sources:
Va. Code § 20‑91 (grounds for divorce) · Va. Code § 20‑107.3 (equitable distribution) · Virginia Courts
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Case results depend on a variety of factors unique to each case.