Felony Conviction Divorce Lawyer New Kent County, VA
Your spouse has been convicted of a felony in Virginia and is currently serving a sentence—and you have decided to move forward with ending the marriage. You are not alone. Virginia law specifically recognizes felony conviction and incarceration as a fault ground for divorce, but the process in New Kent County involves unique steps when one spouse is behind bars. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. have guided many individuals through this sensitive area of family law, working to protect your interests while navigating the practical hurdles that incarceration creates. Contact us at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Strategy Options When Your Spouse Is Incarcerated
Virginia Code § 20-91(3) provides a clear path: you may file for divorce on the fault ground that your spouse has been sentenced to confinement in a correctional facility for more than one year following a felony conviction. There is no mandatory separation period under this ground—you can proceed as soon as the sentence is imposed. However, you also retain the right to choose a no-fault divorce if you and your spouse have been separated for the required period (one year in most cases, or six months with a signed separation agreement and no minor children). Mr. Sris and his Of Counsel will explain the strategic trade-offs: a fault-based divorce may influence equitable distribution of marital property, spousal support, and even custody determinations, while a no-fault approach may avoid litigation over the conviction itself. The right choice depends entirely on your circumstances.
What to Expect from the Divorce Process in New Kent County
All divorce cases in New Kent County are heard in the New Kent County Circuit Court, located at 12001 Courthouse Circle, New Kent, VA 23124. If custody, visitation, or child support issues are also involved, additional filings may be necessary in the New Kent County Juvenile and Domestic Relations District Court. The process begins by filing a complaint that meets Virginia’s residency requirement—you or your spouse must have been a resident and domiciliary of Virginia for at least six months before filing.
Because your spouse is incarcerated, service of the complaint requires careful attention. The sheriff’s department or a private process server delivers the documents to the correctional facility. If your spouse signs a waiver of service, the case can proceed uncontested, but a corroborating witness is still required under Virginia law. Mr. Sris and his Of Counsel prepare all filings, coordinate service logistics, and handle any responses or objections that arise from the incarcerated spouse. We also assess whether pendente lite relief—such as temporary spousal support or exclusive use of the marital home—should be requested while the divorce is pending.
How the Felony Conviction Ground Influences the Outcome
Using the fault ground of felony conviction can affect property division and support obligations. Virginia is an equitable distribution state, meaning marital property is divided fairly—not necessarily equally—based on eleven statutory factors under Va. Code § 20-107.3. A spouse’s incarceration for a felony may be treated as a factor in equitable distribution, particularly if the conviction involved financial misconduct that harmed the marital estate. Similarly, the court may weigh the conviction when determining spousal support under Va. Code § 20-107.1. Child custody and visitation will always be decided based on the best interests of the child under Va. Code § 20-124.3, but incarceration inevitably impacts the practical ability to exercise parenting time. Our role is to present your side of the story in a way that aligns with Virginia law.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997. He is a former prosecutor with deep trial experience, and his insight into courtroom dynamics benefits clients across every practice area. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), reflecting his commitment to improving Virginia family law. He is supported by a team of Of Counsel attorneys who bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. Mr. Sris and his Of Counsel handle family law matters throughout Virginia, including New Kent County, from the firm’s Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. Reaching us is straightforward: call (888) 437-7747 at any time.
Frequently Asked Questions
Can I get a divorce in Virginia if my spouse is serving a felony sentence?
Yes, Virginia law specifically allows a divorce on the fault ground of felony conviction and a sentence of more than one year. Under Va. Code § 20-91(3), you can file for divorce as soon as your spouse has been sentenced to confinement for a felony—no separation period is required. This ground does not require you to prove other misconduct; the conviction and sentence alone satisfy the statutory condition. The New Kent County Circuit Court handles the divorce case, and you must also meet the state’s six-month residency requirement.
What is the waiting period for a divorce based on felony conviction in Virginia?
There is no mandatory waiting period when you file on the felony conviction fault ground. Unlike no-fault divorces, which require either six months or one year of separation, the felony conviction ground under Va. Code § 20-91(3) permits you to move forward immediately after the sentence is imposed. However, the court’s calendar and any contested issues will influence how quickly the final decree is entered. Mr. Sris and his Of Counsel work to advance you case through the docket as efficiently as the process allows.
Do I need a lawyer for a felony conviction divorce in New Kent County?
You are not legally required to hire a lawyer, but the complexities of serving an incarcerated spouse, asserting the correct grounds, and protecting your property and custody rights make experienced counsel strongly advisable. Mr. Sris and his Of Counsel are familiar with the procedures at the New Kent County Circuit Court and the practical challenges of divorcing an incarcerated spouse. We handle every step—from preparing the complaint and arranging service to presenting your case for equitable distribution and support—so you can avoid missteps that delay the divorce or compromise your outcome.
How does my spouse’s incarceration affect child custody and support?
Incarceration does not automatically strip a parent of custody rights, but the court will evaluate the best interests of the child under the ten factors in Va. Code § 20-124.3. The fact that a parent is serving a felony sentence is a circumstance the court weighs heavily, particularly regarding the ability to provide a stable environment and exercise regular visitation. Child support obligations generally continue during incarceration, though a parent may petition for modification based on a substantial change in circumstances. Mr. Sris and his Of Counsel address custody and support matters in the New Kent County Juvenile and Domestic Relations District Court when they arise alongside the divorce.
What is the process for filing a divorce based on felony conviction in New Kent County?
You start by filing a complaint for divorce in the New Kent County Circuit Court, specifically citing Va. Code § 20-91(3) as the ground. The complaint must state that you meet the residency requirement, describe the conviction and sentence, and explain how service will be accomplished. Service on an incarcerated spouse often requires delivery to the correctional facility, and if the spouse contests the divorce, Mr. Sris and his Of Counsel prepare for any hearings. An uncontested divorce still requires a corroborating witness to testify about the marriage and the grounds. We guide you through each stage so nothing is missed.
Can I use a no-fault divorce instead of the felony conviction ground?
Yes, you may pursue a no-fault divorce based on separation even if a felony conviction ground exists. If you and your spouse have lived separate and apart for one year (or for six months with a signed separation agreement and no minor children), you can file under Va. Code § 20-91(9) without alleging fault. Some individuals prefer this route because it avoids introducing the criminal record into the divorce proceedings, which can simplify the case. Mr. Sris and his Of Counsel will review the facts of your marriage and recommend the most strategic approach for your goals.
Request a Consultation
Every divorce is personal, and a spouse’s incarceration adds layers that require careful handling. Mr. Sris and his Of Counsel are ready to discuss your situation, explain the law as it applies to you, and help you determine an appropriate $1 forward. Call (888) 437-7747 to schedule a consultation. Our Richmond location serves clients throughout New Kent County and Central Virginia.
Additional resources: Virginia Domestic Relations Code (Title 20) · New Kent County Circuit Court
Case results depend on a variety of factors unique to each case.