Felony Conviction Divorce Lawyer New Kent County, VA
Your spouse was convicted of a felony in Virginia and is now serving a sentence of more than one year. You want to move on, but you are unsure how the incarceration affects the divorce process. A divorce based on a spouse’s felony conviction is a fault ground recognized under Virginia law. It can allow you to file without waiting through a lengthy separation period — if you meet the statutory requirements. When a marriage is already broken, having a legal path forward that acknowledges the conviction can bring clarity and a fresh start. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent individuals in New Kent County who are pursuing a felony-conviction divorce. Contact our Richmond location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Divorce Based on a Spouse’s Felony Conviction in New Kent County
Virginia law lists several fault grounds for divorce in addition to the no‑fault separation options. One of those grounds, set out in Va. Code § 20‑91(3), authorizes a court to grant a divorce from the bond of matrimony when one spouse has been convicted of a felony, sentenced to confinement for more than one year, and has actually been confined — and the spouses have not resumed cohabitation after the innocent spouse learned of the confinement. Unlike a no‑fault divorce, a fault‑based divorce does not require a six‑month or one‑year waiting period, provided all the statutory elements are satisfied. The Circuit Court handles all divorce matters in New Kent County, including those grounded on a spouse’s felony imprisonment.
The practical effect of this ground is that the filing spouse can proceed to a final decree more quickly than under a separation‑based approach, as long as the facts fit the statute. The court must still address related issues such as equitable distribution of marital property, spousal support, and — when children are involved — custody, visitation, and child support. Because a felony conviction can raise complex financial and parenting questions, working with an experienced Virginia family‑law attorney helps ensure that your interests are protected throughout the proceeding. Law Offices Of SRIS, P.C. serves clients in New Kent County from its Richmond location and can walk you through each step of the process.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault‑based divorce granted under Va. Code § 20‑91(3) when one spouse is convicted of a felony and sentenced to more than one year of confinement. The filing spouse must show the other spouse was actually sentenced to and serving confinement of over one year, and that the parties have not lived together as husband and wife after the filing spouse learned of the confinement. Because it is a fault ground, no separation period is required. The divorce is filed in the Circuit Court where either party resides.
How do I file for divorce based on my spouse’s felony in New Kent County?
You begin by filing a Complaint for divorce in the New Kent County Circuit Court, stating the felony‑conviction ground and meeting Virginia’s residency requirement. Either you or your spouse must have been a resident and domiciliary of Virginia for at least six months before filing. The Complaint must allege the specific facts supporting the felony‑conviction ground — the conviction, the sentence of more than one year, actual confinement, and the absence of post‑knowledge cohabitation. An attorney can prepare and file the necessary pleadings and ensure proper service on the incarcerated spouse.
What are the requirements for a felony conviction divorce in Virginia?
Three core elements must be proved: (1) the spouse was convicted of a felony; (2) the spouse was sentenced to confinement for more than one year; and (3) after the filing spouse learned of the confinement, the parties did not resume cohabitation. The conviction must be final, and the sentence must involve actual confinement — not merely a suspended sentence. The court will examine whether any cohabitation occurred after the innocent spouse knew of the imprisonment. Evidence such as a certified copy of the conviction order and testimony about the living situation is typically presented.
Do I need to wait a separation period if my spouse is in prison?
No. A felony‑conviction divorce is a fault ground with no mandatory separation waiting period. Under Virginia law, fault grounds — including the felony‑incarceration ground — allow the court to enter a final decree without the six‑month or one‑year separation required for a no‑fault divorce. Once you have satisfied the statutory elements and the court has jurisdiction, the case can move forward on the court’s schedule. This can shorten the overall timeline compared to a no‑fault proceeding.
Can I get a divorce while my spouse is still serving their sentence?
Yes. You may seek a divorce while your spouse is still incarcerated, as long as the conviction, sentence, and confinement requirements under Va. Code § 20‑91(3) are met. The fact that the marriage has already broken down is not changed by the length of the sentence. The court can divide marital property, award support, and determine custody during the divorce. Service of process on an incarcerated spouse must still comply with Virginia procedural rules; your attorney can handle proper service and address any logistical challenges.
How does a spouse’s incarceration affect child custody and support?
Incarceration is a significant factor the court weighs when determining the best interests of the child, but it does not automatically terminate parental rights. Under Va. Code § 20‑124.3, the court considers the relationship between the child and each parent, each parent’s capacity to meet the child’s needs, and any history of criminal activity. A parent’s absence due to imprisonment may affect custody and visitation decisions. Child support obligations generally continue, though the incarcerated parent’s ability to pay may be limited, and the court may consider that when setting or modifying support.
What if my spouse was convicted in another state?
A felony conviction from another state or from federal court qualifies under the Virginia fault ground if it meets the sentence‑and‑confinement test. The statute does not require the conviction to be a Virginia felony. You must still present evidence of the conviction and sentence, such as a certified copy of the out‑of‑state or federal judgment, along with proof of actual confinement. As long as the elements of the ground are satisfied, the divorce may proceed in the Virginia Circuit Court where you meet the residency requirement.
Do I need a lawyer for a felony conviction divorce?
You are not required to have a lawyer, but a felony‑conviction divorce involves legal and procedural issues that can be difficult to manage without counsel. Serving the incarcerated spouse, gathering and authenticating conviction records, addressing property division in light of a criminal conviction, and protecting your financial interests all benefit from experienced legal guidance. An attorney can ensure your filings are correct and that you present the necessary proof to the court. Contact Law Offices Of SRIS, P.C. to request a consultation about your specific circumstances.
How does Law Offices Of SRIS, P.C. handle cases in New Kent County?
Our firm provides representation in New Kent County family‑law matters from our Richmond location, appearing in the Circuit Court for divorces grounded on a spouse’s felony conviction. Mr. Sris and his Of Counsel work with clients to gather the required evidence, draft and file the Complaint, and address related issues such as equitable distribution and spousal support. Because each case turns on its unique facts, we discuss your goals and the available legal options during a confidential consultation. To set up an appointment, call (888) 437‑7747.
What documents should I gather for a consultation about a felony divorce?
Helpful documents include a certified copy of the conviction order, any sentencing paperwork, marriage certificate, and records of separation dates and living arrangements. Also bring any prior separation or property agreements, financial records, and information about children. Having these materials ready allows your attorney to evaluate the strength of the fault ground and address the full scope of your divorce. If some documents are missing, your lawyer can often obtain them through formal requests.
Can the incarcerated spouse contest the divorce?
Yes. An incarcerated spouse has the right to respond to the Complaint and participate in the divorce proceeding. The court will ensure the spouse receives proper notice and an opportunity to be heard, either through written filings or by arranging for participation via telephone or video conference when possible. If the spouse contests the fault ground, the court may require a hearing where the petitioner must prove each element of the felony‑conviction ground. An experienced attorney can help prepare for contested proceedings and present the necessary evidence.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has been practicing since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He works alongside a team of Of Counsel attorneys who bring extensive experience across family law, criminal defense, and related practice areas. Together, Mr. Sris and his Of Counsel offer over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary. They represent clients in New Kent County family‑law matters from the firm’s Richmond location. To discuss your case, call (888) 437‑7747 to request a consultation.
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