Felony Conviction Divorce Lawyer Prince George County, VA
In Virginia, a marriage can be dissolved on the ground that one spouse has been convicted of a felony and sentenced to confinement for more than one year. This fault-based ground, codified at Va. Code § 20-91(3), allows the non‑incarcerated spouse to file a complaint for divorce without completing a lengthy separation period. For residents of Prince George County—including the communities of Prince George, Hopewell, Disputanta, and the area surrounding Fort Gregg‑Adams—the process involves filing in the Prince George County Circuit Court at 6601 Courts Drive, Prince George, VA 23875. Mr. Sris and his team at Law Offices Of SRIS, P.C. represent clients throughout the 11th Judicial District in this type of family‑law matter. The firm focuses on protecting clients’ rights to equitable distribution, spousal support, and child‑related issues while efficiently moving a felony‑conviction divorce toward resolution. To discuss how this ground may apply in your situation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in Prince George County
Under Virginia law, a felony conviction alone is not enough—the convicted spouse must be sentenced to imprisonment for more than one year. The ground is absolute: once the sentence is imposed, the non‑convicted spouse may file at any time without waiting for a separation period. This can be a significant advantage when the marriage has broken down and the convicted spouse is already incarcerated. In Prince George County, the divorce complaint is filed in the Circuit Court, which handles all divorce, equitable distribution, and spousal support matters. Standalone custody, visitation, and child support issues are assigned to the Prince George County Juvenile and Domestic Relations District Court.
In Virginia, a spouse may obtain a divorce from the bond of matrimony when the other spouse has been convicted of a felony and sentenced to confinement for more than one year.
Source: Va. Code § 20-91(3). Virginia Code – Section 20-91
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Prince George County sits along the James River and the I‑295 corridor, just south of Richmond. The Circuit Court shares the 6601 Courts Drive complex with other courts, and the judges assigned to the 11th Judicial District manage a docket that includes both routine uncontested divorces and high‑conflict litigation. Because felony‑conviction divorces often intersect with criminal proceedings already underway, coordination between the family‑law attorney and the criminal‑defense team can help preserve the petitioner’s rights to marital property and support. Mr. Sris and his team are experienced in handling the strategic overlap between criminal‑court outcomes and civil‑divorce procedure in Prince George County.
How Mr. Sris and His Team Handle Felony Conviction Divorce Cases
When Law Offices Of SRIS, P.C. is engaged, the first step is to confirm that the statutory ground is satisfied. This requires obtaining documentation of the conviction and the sentence imposed—usually a certified copy of the sentencing order from the criminal court. If the convicted spouse is incarcerated in a Virginia Department of Corrections facility, service of the divorce complaint follows the standard rules for service on an inmate, and the case proceeds as a contested or uncontested matter depending on whether the respondent answers. Mr. Sris and his team evaluate whether equitable distribution of marital property (governed by Va. Code § 20‑107.3) can be resolved by a separation agreement signed by both parties, which can simplify the hearing and reduce the time from filing to final decree.
The firm appears in the Prince George County Circuit Court for all divorce matters. The Circuit Court at 6601 Courts Drive is familiar to our attorneys through regular appearances across the 11th Judicial District. In a felony‑conviction divorce, ancillary issues such as spousal support (Va. Code § 20‑107.1), child custody (Va. Code § 20‑124.3), and child support (Va. Code § 20‑108.1) often require attention. Our team works to structure a resolution that addresses immediate needs while the convicted spouse remains incarcerated, and that can be modified later if circumstances change. Throughout the process, the firm aims to keep the client informed about deadlines and court dates without promising specific timelines, because the docket in Prince George County varies with the court’s calendar.
About Mr. Sris and His Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris brings an understanding of the criminal‑justice system that proves valuable in divorce cases rooted in a felony conviction—he is able to interpret the sentencing documents, anticipate the practical effect of incarceration on property division, and communicate effectively with the Virginia Department of Corrections where necessary. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised the equitable‑distribution statute applicable to all Virginia divorces. He keeps his personal caseload small so that each matter receives focused attention, and he personally guides the strategic direction of every family‑law file accepted by the firm.
The attorneys of Law Offices Of SRIS, P.C. Draw on over 120 years of combined legal experience, supported by over 4,739 documented firm-wide results. Results may vary.
Frequently Asked Questions
What is the ground for a felony conviction divorce in Virginia?
Virginia Code § 20‑91(3) allows a spouse to file for divorce if the other spouse has been convicted of a felony and sentenced to confinement for more than one year. This is a fault‑based ground; there is no required separation period. Once the sentence is imposed, the non‑convicted spouse may file immediately in the circuit court. The complaint must be supported by evidence of the conviction and sentence, typically a certified copy of the sentencing order. In Prince George County, the divorce case is filed in the Prince George County Circuit Court at 6601 Courts Drive. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Do I need to wait a year to get a divorce if my spouse is in prison in Virginia?
No waiting period is required when you file for divorce under Va. Code § 20‑91(3), the felony‑conviction ground. This is different from the no‑fault grounds, which require one year of separation (or six months if no minor children and a signed separation agreement). Once your spouse has been convicted of a felony and sentenced to more than one year of confinement, you may file a complaint for divorce right away. The timeline from filing to the final decree depends on the court’s docket in Prince George County and whether the divorce is contested. Mr. Sris and his team can review the circumstances and advise on the most appropriate path. For a consultation, reach Mr. Sris and his team at (888) 437‑7747.
Can I get custody and support decided in the same case in Prince George County?
Yes, child custody, visitation, and child support issues are often resolved alongside a felony‑conviction divorce, although they may be heard in different divisions of the court. In Prince George County, the Circuit Court handles the divorce and equitable distribution, while standalone custody, visitation, and child support matters are filed in the Prince George County Juvenile and Domestic Relations District Court. When a divorce is already pending, the Circuit Court can also adjudicate those child‑related issues. The court applies the trusted‑interests factors under Va. Code § 20‑124.3 and the child support guidelines under Va. Code § 20‑108.1. Mr. Sris and his team prepare the necessary pleadings and advocate for a parenting and support plan that protects the child’s welfare and the client’s parental rights. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
How is property divided in a felony conviction divorce in Prince George County?
Virginia is an equitable distribution state; the court divides marital property fairly but not necessarily equally, considering the factors in Va. Code § 20‑107.3. The Circuit Court first identifies which assets and debts are marital—generally property acquired during the marriage, excluding gifts and inheritances—and which are separate. The court then distributes the marital property after weighing the 11 statutory factors. A spouse’s felony conviction and incarceration can influence the distribution if it affected the marriage economically or prevented the convicted spouse from contributing. Marital retirement accounts, real estate, and business interests are all subject to division. Mr. Sris and his team have experience handling complex property division in Prince George County. Results may vary. For a consultation, reach Mr. Sris and his team at (888) 437‑7747.
What if the convicted spouse refuses to sign divorce papers?
If the respondent will not cooperate, the divorce proceeds as a contested case, and the petitioner must prove the felony‑conviction ground at a hearing. In Prince George County Circuit Court, the judge will require evidence of the conviction and a sentence exceeding one year. If service of the complaint on the incarcerated spouse is valid and no answer is filed, the petitioner may move for a default judgment. Even when the respondent contests the divorce, Virginia law does not require the convicted spouse’s consent for the court to grant the divorce based on the ground set out in Va. Code § 20‑91(3). The contested process can take longer, but the firm handles the necessary service, discovery, and evidentiary matters. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
For additional resources, see the following Virginia primary‑source sites:
Va. Code § 20‑91 (Divorce Grounds) · Va. Code § 20‑107.3 (Equitable Distribution) · Prince George County Circuit Court
Other localities we serve: Fairfax County Family Law Lawyer · Prince William County Family Law Lawyer · Manassas Family Law Lawyer · Fairfax City Family Law Lawyer · Falls Church Family Law Lawyer
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