Felony Conviction Divorce Lawyer Virginia Beach, VA
You have been separated from your spouse for months, struggling with the fallout of their criminal case. Then you learn they have been convicted of a felony and sentenced to more than a year in prison. The marriage is over, but you do not know what the conviction means for your divorce. Can you file immediately? Will the court hold the crime against you in property division or custody? At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team represent spouses in Virginia Beach and across the Commonwealth who need to move forward when a felony conviction disrupts a marriage. For guidance on how a felony conviction can affect your divorce in Virginia Beach, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Strategy Options for a Felony Conviction Divorce in Virginia
A felony conviction with imprisonment of more than one year is one of the fault grounds for divorce under Virginia law. This means the innocent spouse does not need to wait out a one-year separation period. Mr. Sris works with clients to evaluate whether asserting the fault ground is strategically beneficial or whether a no-fault approach based on a signed separation agreement and six-month separation (if there are no minor children) is preferable. The decision turns on factors such as the impact of the conviction on equitable distribution, spousal support, and child custody. In Virginia Beach, domestic relations matters involving a felony conviction are filed in the Virginia Beach Circuit Court, which has exclusive jurisdiction over divorce. Mr. Sris and his Of Counsel team assess each case individually, focusing on protecting the client’s financial and parental rights while navigating the procedural requirements of the Fourth Judicial District.
What to Expect When a Felony Conviction Is Involved
Filing a divorce action on the ground of a spouse’s felony conviction requires documentation of the conviction and incarceration. The complaint must allege the statutory ground: sentencing to confinement of more than one year for a felony. Mr. Sris prepares the complaint with verified details about the conviction, sentence, and confinement. The case proceeds through the Virginia Beach Circuit Court, where the judge may address property classification, valuation, and distribution under Virginia’s equitable distribution statute. The court may also rule on custody and visitation if minor children are involved, applying the trusted-interest factors under the Virginia Code. The timeline varies by case complexity and court scheduling; Mr. Sris prioritizes efficient resolution while safeguarding his client’s interests at every stage.
How a Felony Conviction Affects Divorce Outcomes
Beyond eliminating the separation waiting period, a felony conviction can influence the court’s decisions on property division, spousal support, and child custody. Under Virginia’s equitable distribution framework, the court considers the circumstances and factors that contributed to the dissolution of the marriage, which may include one spouse’s criminal conduct. The judge may weigh the conviction when determining a fair division of marital assets and debts. For spousal support, the court examines the statutory factors, including the parties’ earning capacities and any marital misconduct, which can encompass a felony conviction. Custody determinations center on the child’s best interests, but a parent’s incarceration necessarily affects the practical arrangement and can influence visitation and decision-making authority. Mr. Sris and his Of Counsel help clients present a clear picture of how the conviction should be treated within the statutory guidelines, without allowing it to overshadow other relevant facts.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing since 1997. He is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised the equitable distribution statute governing how retirement and pension assets are divided in divorce. His Of Counsel team, engaged through Excella, brings over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary. For full statutory breakdown, see our comprehensive analysis on the firm’s main website.
Frequently Asked Questions
Can I get a divorce right away if my spouse was convicted of a felony in Virginia?
Yes, you can file for divorce immediately using the felony conviction ground if your spouse was sentenced to confinement for more than one year. This fault ground eliminates the usual separation requirement, allowing you to proceed with an absolute divorce. You must present evidence of the conviction and sentence. The court will still address property division, support, and custody under the normal statutory guidelines.
Does a felony conviction affect property division in a Virginia divorce?
It can, because the court considers the circumstances experienced to the divorce when dividing marital property equitably. While Virginia is not a community property state, the judge weighs statutory factors that include any misconduct contributing to the dissolution. A spouse’s felony conviction may be considered, but the financial outcome depends on the specific facts.
Will my spouse’s conviction affect child custody in Virginia Beach?
Custody is determined by the child’s best interests, and a parent’s incarceration is a significant factor the court will evaluate. The judge looks at the statutory list of factors, including the parent’s ability to meet the child’s needs and any history of criminal activity. Visitation may be limited, and the custodial arrangement will reflect the realities of incarceration.
Can I use a property settlement agreement if my spouse is incarcerated?
Yes, you can still negotiate and sign a separation agreement even if your spouse is in prison. An agreement resolving all issues can simplify the divorce and allow you to proceed under the no-fault six-month separation ground if there are no minor children. The incarcerated spouse must sign voluntarily with proper acknowledgment.
Do I need a lawyer for a felony conviction divorce in Virginia Beach?
While you are not required to hire an attorney, having experienced legal representation helps protect your rights when a criminal conviction complicates the divorce. The interaction between fault grounds, equitable distribution, and custody can be legally complex. Mr. Sris and his Of Counsel team guide clients through the process, ensuring the conviction is handled appropriately within the statutory framework.
What should I bring to a consultation about a felony conviction divorce?
Bring any documents related to your spouse’s conviction, including the sentencing order, as well as financial records, a list of marital assets and debts, and any existing separation agreement. Also gather information about children, custody arrangements, and your own income and expenses. This helps the attorney assess your situation efficiently.
How long does a felony conviction divorce take in Virginia Beach?
The timeline varies by case complexity and the court’s schedule, but using a fault ground can often expedite the process compared to waiting out a full separation period. If you and your spouse have reached a comprehensive settlement, the divorce may be finalized in a matter of months after filing. Contested issues will extend the timeline.
Does the criminal conviction affect spousal support in Virginia?
The court may consider the conviction as a factor when determining whether to award spousal support and in what amount. Virginia law lists multiple factors, including each party’s fault in the breakdown of the marriage. A felony conviction that caused financial harm or led to the separation can influence the support determination.
If you are facing divorce in Virginia Beach and a felony conviction is part of the picture, contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Mr. Sris and his Of Counsel team serve clients throughout Hampton Roads from the Richmond Location, at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, by appointment only.
Additional family law resources: Fairfax County family law · Prince William County family law · Fairfax City family law
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