Felony Conviction Divorce Lawyer James City County, VA
When a spouse is convicted of a felony and sentenced to confinement for more than one year, Virginia law permits the other spouse to file for divorce on that fault ground. No separation period is required—the conviction itself provides a statutory basis for a divorce. Mr. Sris and his Of Counsel represent individuals in James City County who wish to pursue a divorce under Va. Code § 20-91(3). The matter is filed in the James City County Circuit Court, which has exclusive jurisdiction over divorce proceedings. Our Richmond location serves clients throughout James City County, including Williamsburg, Norge, Toano, and Lightfoot. We work to resolve related issues such as equitable distribution, spousal support, and, when children are involved, custody and child support. For a consultation about pursuing a felony conviction divorce in James City County, 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 James City County
Virginia Code § 20-91 lists several fault-based grounds for divorce, and one of them is the conviction of a spouse for a felony with a sentence of confinement of more than one year. After the convicted spouse has been actually confined and the conviction has not been reversed, the other spouse may file for an absolute divorce. This ground does not require any period of separation, which distinguishes it from a no-fault divorce. In James City County, the divorce action must be filed in the Circuit Court at 5201 Monticello Avenue, Suite 4, Williamsburg. The court will address all ancillary matters—property classification and division, spousal support, child custody, and child support—in the same proceeding.
Because the conviction impacts marital fault, the court may consider it when making equitable distribution determinations. Fault is one of the eleven factors the court weighs, and a spouse’s felony conviction can influence how marital property is divided. However, a conviction does not automatically strip the convicted spouse of all rights; the court still evaluates the full financial and family picture. Mr. Sris and his Of Counsel are familiar with how James City County Circuit Court approaches these cases and help clients present a complete financial disclosure to achieve a just division.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
The process begins with a consultation to review the conviction documents, confirm the length of confinement, and verify that Virginia residency and jurisdictional requirements are satisfied. We then prepare a complaint for divorce that sets forth the statutory ground and requests such relief as equitable distribution, spousal support, and, where applicable, custody and support arrangements. Service of process is arranged through a private process server or sheriff’s service, depending on the circumstances of the respondent’s confinement.
Once the court’s calendar provides a hearing date, Mr. Sris and his Of Counsel present the evidence necessary to prove the conviction and confinement, which may include certified copies of the sentencing order and incarceration records. If the respondent cannot be present, the court may permit testimony by affidavit or deposition. Throughout the case, we work to negotiate a separation agreement that resolves property and support issues where possible; if agreement is not reached, the court decides after an ore tenus hearing. The timeline for resolution depends on the complexity of equitable distribution and the court’s docket.
About Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris has extensive experience in family law, including fault-based divorce actions. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill concerning equitable distribution. His understanding of Virginia’s divorce statutes helps clients navigate the intersection of criminal and family law.
Mr. Sris’s Of Counsel team includes attorneys with backgrounds in law enforcement and complex litigation, providing additional perspective when a divorce involves a spouse’s incarceration. The team brings 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
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based divorce granted when one spouse has been convicted of a felony and sentenced to more than one year of confinement. Under Va. Code § 20-91(3), the other spouse may file immediately after the conviction and confinement, with no required separation period. The divorce is absolute and dissolves the marriage. The court also resolves property division, support, and custody. Because it is fault-based, the conviction can influence equitable distribution, though it does not automatically bar the incarcerated spouse from receiving a share of marital property.
Do I need to wait a certain time after my spouse’s conviction?
No waiting period is required; you may file for divorce as soon as your spouse has been convicted of a qualifying felony and actually confined. Unlike Virginia’s no-fault divorce grounds, which require six or twelve months of separation, the felony conviction ground under Va. Code § 20-91(3) is immediately available. The conviction must be final and the sentence must include confinement for more than one year. A conviction on appeal may not yet support the ground, and you should consult with counsel about the status of the case.
How does a felony conviction affect property division in my divorce?
The court may consider the conviction as a factor bearing on fault when dividing marital property under Virginia’s equitable distribution statute. Virginia is an equitable distribution state, not a community property state. The court weighs eleven factors, including the circumstances and factors that contributed to the dissolution of the marriage. A felony conviction that caused financial harm or disruption to the family can influence the court’s division of assets. However, the court still must classify and value all property fairly; a conviction is one factor among many.
Can I receive spousal support in a felony conviction divorce?
Yes, you may request spousal support, and the conviction itself can be a relevant circumstance in the court’s determination. Va. Code § 20-107.1 requires the court to consider all statutory factors, including the fault that led to the divorce. If the felony conviction caused financial hardship—such as loss of the convicted spouse’s income or the need to pay defense costs—the court may award support based on need and ability to pay. The amount and duration depend on the specific facts of the marriage and the parties’ financial circumstances.
What if my spouse is incarcerated out of state?
You can still file for divorce in James City County if Virginia’s residency and jurisdiction requirements are met. Va. Code § 20-97 requires that at least one party be a resident and domiciliary of Virginia for six months before filing. If you live in Virginia and the conviction meets the statutory standard, you may proceed regardless of where your spouse is confined. Service of process is arranged through appropriate means, and the court may allow participation by telephone, video, or written submission where necessary.
How long does the divorce process take?
The timeline varies depending on court scheduling, the availability of the incarcerated spouse, and the complexity of property and support issues. An uncontested divorce on this ground can be finalized in a matter of months after the complaint is filed and served. If the respondent contests the divorce or ancillary matters are disputed, the case can take longer. James City County Circuit Court handles these matters on its docket. Mr. Sris and his Of Counsel work to move the case forward efficiently while protecting your interests.
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