Felony Conviction Divorce Lawyer Virginia Beach, VA
When a spouse has been convicted of a serious crime and sentenced to incarceration, the decision to end a marriage involves legal considerations beyond the typical divorce process. In Virginia, a felony conviction is one of the fault-based grounds for divorce, and navigating this ground in the Virginia Beach court system requires experienced counsel. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has concentrated on Virginia family law since founding the firm in 1997. His Of Counsel team brings over 120 years of combined legal experience to cases in the Virginia Beach Circuit Court, which holds exclusive original jurisdiction over divorce matters. Results may vary. If you are considering a divorce based on a spouse’s felony conviction—or if you are the incarcerated spouse facing such a filing—understanding how the process works in Virginia Beach is the first step. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in Virginia Beach
Under Virginia Code § 20-91(3), a divorce from the bond of matrimony may be granted when a spouse has been sentenced to confinement of more than one year for a felony. This is a fault ground, which means that the filing spouse must allege and prove the conviction and the sentence. Unlike no‑fault divorce, which requires a period of separation—one year generally, or six months if there are no minor children and the parties have a signed separation agreement—a felony conviction divorce does not require a waiting period once the conviction and sentence are final. This can allow the marriage to be dissolved more expeditiously when the statutory conditions are met.
In Virginia Beach, cases involving divorce, equitable distribution, and spousal support are heard in the Virginia Beach Circuit Court at 2425 Nimmo Parkway, Building 10B. Matters related to child custody, visitation, and child support may proceed separately in the Virginia Beach Juvenile and Domestic Relations District Court. Our Richmond Location represents clients at both courts. The court will consider the felony conviction as a factor relevant to property division under Virginia’s equitable distribution statute (Va. Code § 20-107.3) and to spousal support under Va. Code § 20-107.1. The effect of the conviction on the marital estate—such as the dissipation of assets to pay legal fees, fines, or restitution—may also be presented to the court. Because Virginia is an equitable distribution state, marital property is divided fairly, not necessarily equally, and the circumstances surrounding the conviction can influence the court’s analysis.
The local community includes active‑duty military personnel stationed at Naval Air Station Oceana and other installations, as well as a large civilian population. For military families, a felony conviction may implicate the Servicemembers Civil Relief Act and may affect military retirement pay, survivor benefits, and the division of the service member’s pension under the Uniformed Services Former Spouses’ Protection Act. Mr. Sris and his Of Counsel are familiar with the intersection of state divorce law and federal military provisions, and they appear regularly in the Virginia Beach courts on behalf of clients throughout the city, including Sandbridge and Oceana.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
A divorce based on a felony conviction requires careful preparation. The filing spouse must plead the specific statutory ground and prove the conviction with certified court records. The firm obtains the necessary documentation, reviews the sentencing order to confirm that the confinement exceeds one year, and assembles the evidence to present to the Virginia Beach Circuit Court. If the incarcerated spouse contests the divorce—for instance, by challenging the validity of the conviction or raising procedural defenses—the matter may proceed to a contested hearing. Even when the divorce is uncontested, Virginia requires at least one corroborating witness to testify in support of the grounds. Our location prepares clients and their witnesses so that the hearing proceeds efficiently.
Beyond establishing the ground for divorce, the team addresses the full scope of issues that can arise in a felony‑conviction divorce. These include the identification and classification of marital and separate property, the valuation of assets that may have been affected by the criminal case, the calculation of spousal support, and the resolution of custody and visitation arrangements. Mr. Sris and his Of Counsel work to achieve favorable outcomes through negotiation when possible, but they are prepared to take matters to trial when the circumstances require it. In every case, they focus on the individual facts of the matter and the specific orders that the court is authorized to enter under Title 20 of the Virginia Code. Results may vary.
Under Virginia Code § 20-91(3), a felony conviction with a sentence of confinement of more than one year is a recognized fault ground for divorce in Virginia Beach Circuit Court.
Source: Va. Code § 20-91(3). Va. Code § 20-91
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing family law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings firsthand trial experience to divorce litigation. 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 updated Virginia’s equitable distribution statute. His Of Counsel team includes attorneys with backgrounds in criminal defense, family law, and litigation, each with extensive experience in Virginia’s court system. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to every matter they handle. Results may vary. They 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 in Virginia where one spouse has been sentenced to confinement of more than one year for a felony. Unlike no‑fault divorce, it does not require a separation period. The filing spouse must prove the conviction and sentence to the court. This ground is authorized by Va. Code § 20-91(3). The divorce itself is handled in the Virginia Beach Circuit Court, while related matters like custody or child support may be heard in the Juvenile and Domestic Relations District Court.
Do I need a lawyer for a felony conviction divorce in Virginia Beach, Virginia?
Virginia law does not require an attorney to file for divorce, but a felony conviction divorce involves statutory and procedural nuances that make legal representation prudent. The filing spouse must correctly plead the ground, present certified conviction records, and satisfy the corroborating witness requirement. The court may also need to address complex property division, spousal support, and parenting arrangements when one spouse is incarcerated. Mr. Sris and his Of Counsel handle the procedural steps and present the case to the court, allowing clients to focus on their future.
How does a felony conviction affect property division in Virginia?
Virginia is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally, and the court may consider the circumstances of the felony conviction. Under Va. Code § 20-107.3, the court weighs factors such as the parties’ contributions to the marital estate and any dissipation of assets. If the convicted spouse used marital funds for legal fees, fines, or restitution, the court may account for that when dividing property. Separate property owned before the marriage or received as a gift or inheritance generally remains with the original owner.
Can a felony conviction affect child custody?
A felony conviction can be a factor in determining child custody because the court must consider the best interests of the child. Under Va. Code § 20-124.3, the court evaluates ten factors, including each parent’s capacity to meet the child’s needs and any history of criminal conduct. A conviction and period of incarceration may affect the court’s custody and visitation order. The court may also appoint a guardian ad litem to represent the child’s interests. Our Richmond Location represents parents in custody proceedings that accompany a felony conviction divorce in Virginia Beach.
Virginia Code sources: Virginia Code Title 20 (Domestic Relations) · Virginia courts information: Virginia Circuit Courts
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.