Felony Conviction Divorce Lawyer Colonial Heights, VA
If your spouse has been convicted of a felony and sentenced to more than one year of confinement, Virginia law provides a fault-based ground for divorce under Va. Code § 20-91. Law Offices Of SRIS, P.C. represents spouses seeking to dissolve a marriage on this basis in Colonial Heights and throughout the 12th Judicial District. The firm’s Richmond location serves clients whose divorce and related family law matters are heard at the Colonial Heights Circuit Court. Mr. Sris is a former prosecutor who founded the firm in 1997 and, together with his Of Counsel, concentrates on family law matters including fault-ground divorce, equitable distribution, custody, and support. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in Colonial Heights
Colonial Heights is an independent city within the 12th Judicial District, and its Circuit Court at 550 Boulevard has exclusive original jurisdiction over all divorce suits. When one spouse has been sentenced to confinement for more than one year following a felony conviction, the innocent spouse may file a Complaint for divorce on that ground. The case proceeds in Circuit Court, while any standalone custody, visitation, child support, or protective order matters are heard in the Colonial Heights Juvenile and Domestic Relations District Court. The division of judicial responsibility between the two courts is important to understand from the outset because procedural timelines and filing requirements differ.
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The Circuit Court considers the 11 factors set out in Va. Code § 20-107.3. When divorce is based on felony conviction, the marital misconduct of the convicted spouse may be weighed as a factor bearing on the distribution. A spouse who has been the victim of the crime or whose finances have been affected by the incarceration may seek a larger share of marital assets, spousal support, or both. Law Offices Of SRIS, P.C. has experience evaluating the interplay between the felony-conviction ground and the statutory equitable-distribution factors in Colonial Heights and across Virginia.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
Mr. Sris and his Of Counsel approach a felony-conviction divorce by first confirming that the statutory requirements are met—a felony conviction, a sentence of confinement exceeding one year, and actual sentencing. Documentary evidence, including the sentencing order and conviction records, must be assembled and presented to the court. If the convicted spouse remains incarcerated, service of process and appearances require careful coordination. The firm works to ensure that all procedural requirements are satisfied while protecting the client’s access to marital assets and any pendente lite relief.
Throughout the proceeding, the team addresses equitable distribution, spousal support, and, where children are involved, custody and child support. Because the Circuit Court can also adjudicate custody and support when they are part of a divorce action, Mr. Sris and his Of Counsel help clients decide whether to consolidate those issues in Circuit Court or pursue separate petitions in the Juvenile and Domestic Relations Court. The goal is a comprehensive resolution that accounts for the unique circumstances created by a spouse’s criminal conviction and incarceration.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law for more than two decades. He is a former prosecutor who brings an understanding of how criminal proceedings intersect with domestic relations matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team includes attorneys with varied professional backgrounds, including a former Virginia State Trooper and a former Maryland prosecutor. Collectively, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
Can I get a divorce in Virginia if my spouse is in prison for a felony?
Yes, Virginia law allows a divorce when one spouse has been convicted of a felony and sentenced to confinement for more than one year. This is one of the fault grounds set out in Va. Code § 20-91. The innocent spouse may file a Complaint in the Circuit Court where either party resides. You must present certified records of the conviction and sentence. Because the ground does not require a separation period, the divorce may proceed once the statutory requirements are proven. An attorney can help gather the necessary documentation and navigate any complications that arise when the other spouse is incarcerated.
How does the felony conviction affect property division in a Virginia divorce?
Virginia is an equitable distribution state, and the court may consider the felony conviction and its financial consequences when dividing marital property. Under Va. Code § 20-107.3, the court weighs factors including the factors and circumstances that contributed to the dissolution of the marriage. A spouse’s criminal conduct and incarceration can affect the fairness analysis. The court may award a larger share of assets to the innocent spouse, particularly if the convicted spouse’s actions depleted marital resources or caused economic harm. An experienced family law attorney can argue for a distribution that reflects the impact of the felony conviction.
What if my spouse is incarcerated—how is the divorce complaint served?
Service of process on an incarcerated spouse must follow the Virginia rules for serving a defendant in a correctional facility. Typically, the sheriff or a private process server delivers the Complaint and summons to the facility’s designated recipient for legal documents. The Circuit Court may also allow alternative service if the spouse cannot be personally served. Because an incarcerated spouse’s ability to respond may be limited, procedural deadlines and potential for default judgment require careful attention. Mr. Sris and his Of Counsel manage service issues regularly in felony-conviction divorce cases.
Do I need to wait for a separation period before filing for divorce based on a felony conviction?
No, the felony-conviction ground does not require the parties to have lived separate and apart for any period. Unlike Virginia’s no-fault divorce grounds, which generally require a separation of six months or one year, the fault ground of felony conviction and confinement allows the innocent spouse to file immediately upon sentencing. This can be an important advantage when the marriage has been irretrievably damaged by the criminal conduct and the other spouse’s incarceration. An attorney can advise whether proceeding on the fault ground or a no-fault ground is strategically better in your situation.
What if I also need custody or support orders while my spouse is incarcerated?
Custody, visitation, and child support can be addressed within the divorce case in Circuit Court or through separate filings in the Colonial Heights Juvenile and Domestic Relations District Court. When a parent is incarcerated, the court’s analysis of the best interests of the child under Va. Code § 20-124.3 may weigh the fact of incarceration heavily. Child support obligations generally continue during incarceration, though the amount may be modified based on the incarcerated parent’s ability to pay. Pendente lite motions for temporary support and custody may be filed early in the case to establish a stable arrangement for the children while the divorce is pending.
How do I start a felony-conviction divorce in Colonial Heights?
Begin by consulting an attorney who can evaluate whether the ground is established and prepare the Complaint for filing in the Colonial Heights Circuit Court. You will need documents showing the conviction, the sentence of more than one year, and that the sentence was actually imposed. The attorney files the Complaint, arranges service, and guides you through the procedural steps—including any pendente lite relief, discovery, and the final hearing. Because the Circuit Court clerk’s office administers the filing, familiarity with local practices helps avoid delays. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
For authoritative Virginia primary sources, visit Virginia Code Title 20 (Domestic Relations) and Colonial Heights Circuit Court.
Attorney advertising. Prior results do not guarantee a similar outcome.
Results may vary.
Case results depend on a variety of factors unique to each case.