Felony Conviction Divorce Lawyer Virginia Beach, VA
Under Virginia law, a spouse may file for divorce when the other spouse is convicted of a felony and sentenced to confinement for more than one year. This fault-based ground can accelerate the divorce process and affect property distribution and custody arrangements. For residents of Virginia Beach, navigating a felony conviction divorce requires familiarity with the Virginia Beach City Circuit Court, which hears divorce cases, and the local Juvenile and Domestic Relations District Court, which handles custody and support matters. Law Offices Of SRIS, P.C., founded in 1997, represents clients throughout Virginia Beach in family law proceedings, including divorces based on felony conviction. Our Richmond Location serves clients at the Virginia Beach courts, and Mr. Sris and his Of Counsel bring substantial experience in fault-based divorce and family law. We also assist with property division under Virginia’s equitable distribution statute, spousal support, and child custody arrangements. To speak with a family law attorney about your case, call (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Under Virginia Code § 20-91(3), a spouse may file for divorce based on the other spouse’s conviction of a felony and sentence to confinement for more than one year.
Source: Va. Code § 20-91, official Virginia Code.
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Felony Conviction Divorce Means in Virginia Beach
In Virginia, felony conviction is one of several fault grounds for divorce. Unlike no-fault divorce, which requires a separation period of six months or one year, a divorce based on felony conviction under Va. Code § 20-91(3) permits the filing spouse to proceed without a waiting period. This ground applies when the other spouse has been convicted of a felony and sentenced to confinement for more than one year. Virginia Beach City Circuit Court, located at 2425 Nimmo Parkway, handles all divorce and equitable distribution matters, while the Virginia Beach Juvenile and Domestic Relations District Court addresses standalone custody, visitation, child support, and protective orders. The court requires proper evidence of the conviction, such as a certified copy of the sentencing order, and will consider related issues like property division and spousal support.
Clients in Virginia Beach working with Law Offices Of SRIS, P.C. Benefit from a team that understands the local court procedures. Because our Richmond Location represents clients at the Virginia Beach courts, we can coordinate filings, service of process on an incarcerated spouse, and representation at hearings. The 4th Judicial District court system that serves Virginia Beach follows the Virginia Rules of the Supreme Court, and our attorneys are prepared to address procedural requirements specific to fault-based divorce. Whether the divorce is contested or uncontested, we help clients navigate the process while the other spouse is incarcerated.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When a spouse seeks a divorce based on a felony conviction, Mr. Sris and his Of Counsel begin by gathering the necessary documentation—the conviction order, the sentence of more than one year, and any relevant divorce‑related evidence. They then file a Complaint in the Virginia Beach City Circuit Court, stating the ground under Va. Code § 20-91(3). Service of process on an incarcerated spouse must comply with the court’s rules, and we ensure proper service. If the incarcerated spouse does not contest the divorce, the case may proceed as an uncontested matter after the statutory waiting period. If contested, the court will schedule hearings to address the divorce grounds, equitable distribution, spousal support, and custody.
Throughout the process, our team focuses on practical solutions. We advise clients on how to present the conviction evidence and how incarceration may affect property division under Virginia’s equitable distribution factors. For child custody matters, the court evaluates the best interests of the child, considering the incarcerated parent’s limited availability. Mr. Sris and his Of Counsel also help draft separation agreements and pursue pendente lite orders for temporary support and custody when needed. Every case is different, and we work to achieve a resolution that protects our client’s rights while the other spouse is serving a sentence.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. is led by Mr. Sris, Owner and Founder, who has practiced family law since 1997. A former prosecutor, Mr. Sris brings insight into the courtroom dynamics that matter in fault-based divorce proceedings. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His legislative experience informs his approach to complex family law matters. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, giving the firm a multi-state perspective that benefits clients whose legal issues cross state lines.
Mr. Sris works alongside his Of Counsel, a team of experienced attorneys who are not firm employees but are engaged through Excella. Together, 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. Our Richmond Location, at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, serves clients at the Virginia Beach courts. Reach our location at (888) 437-7747 to schedule a consultation.
Frequently Asked Questions
What is felony conviction divorce in Virginia?
In Virginia, a spouse may seek a divorce based on the other spouse’s felony conviction and a sentence of confinement for more than one year. This is a fault‑based ground under Va. Code § 20‑91(3). Unlike no‑fault divorce, it does not require a separation period. The filing spouse must present certified court documents proving the conviction and the sentence length. The court will then address property division, spousal support, and child custody.
Can I divorce my spouse if they are incarcerated for a felony in Virginia Beach?
Yes, Virginia law allows you to file for divorce based on your spouse’s felony incarceration of more than one year. You must file a Complaint in the Virginia Beach City Circuit Court, serve the incarcerated spouse, and attach proof of the conviction and sentence. If the divorce is uncontested, it may be resolved after the statutory waiting period. For custody and support matters, the Juvenile and Domestic Relations District Court may also be involved.
How does a felony conviction affect child custody in Virginia?
A parent’s felony conviction and incarceration are factors the court weighs under the best interests of the child standard. Virginia Code § 20‑124.3 lists ten factors, including each parent’s role and any history of criminal activity. Incarceration can affect the parent’s ability to provide care, and the court may award primary custody to the non‑incarcerated parent. However, the court can order visitation or communication arrangements when appropriate.
Do I need to prove the conviction to file for divorce on this ground?
Yes, you must provide evidence of the felony conviction and the sentence exceeding one year. Typically, a certified copy of the conviction order and the sentencing document are required. The court will review these documents to confirm the ground. An attorney can help you obtain the necessary records and ensure they are properly introduced.
How long does a fault-based divorce take in Virginia Beach?
The timeline varies based on whether the case is contested or uncontested and the court’s schedule. An uncontested felony conviction divorce may be finalized within a few months after filing, assuming all documentation is in order and the incarcerated spouse does not oppose. A contested divorce may take longer, especially if property division or custody issues require hearings. Contact us for an estimate based on your specific circumstances.
What residency requirements apply for divorce in Virginia Beach?
At least one party must have been a resident and domiciled in Virginia for at least six months before filing. This requirement under Va. Code § 20‑97 applies even if the other spouse is incarcerated out of state. If you reside in Virginia Beach and satisfy this requirement, you may file in the Virginia Beach City Circuit Court.
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