Felony Conviction Divorce Lawyer Dinwiddie County, VA
Your spouse was convicted of a felony and is now serving a prison sentence of more than a year. You are considering divorce. In Virginia, a felony conviction with a sentence of imprisonment exceeding one year is a fault ground for divorce under Va. Code § 20-91. That means you are not required to live separately for a year before filing — you can seek an absolute divorce as soon as the conviction and confinement are established. This page is for people in Dinwiddie County and the surrounding communities who need a family law attorney to handle a divorce when one spouse stands convicted of a qualifying felony. Mr. Sris and his Of Counsel represent spouses in Dinwiddie County Circuit Court and the Juvenile and Domestic Relations District Court. For a confidential discussion of your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Virginia’s Felony Conviction Ground for Divorce in Dinwiddie County
Under Va. Code § 20-91, a spouse may obtain a divorce from the bond of matrimony when the other spouse has been convicted of a felony, sentenced to confinement for more than one year, and is actually confined following the conviction. This is a fault-based ground. Unlike the no‑fault separation requirements — which demand either one year of living separate and apart, or six months with a signed separation agreement and no minor children — the felony conviction ground carries no waiting period tied to separation. Once the conviction is final and the defendant is confined, the innocent spouse can file a Complaint for divorce immediately, provided the residency requirement of Va. Code § 20-97 is satisfied.
All divorce actions in Virginia are filed in the Circuit Court. For Dinwiddie County, that is the Dinwiddie County Circuit Court, located at the Dinwiddie Courthouse, Dinwiddie, VA 23841. Matters involving child custody, visitation, or child support that arise during the divorce may be heard in the Dinwiddie County Juvenile and Domestic Relations District Court, though the Circuit Court retains jurisdiction over the divorce itself. Because a felony conviction can affect equitable distribution and spousal support, it is important to work with counsel who understands how fault grounds intersect with property division under Va. Code § 20-107.3.
Dinwiddie County is served by the Eleventh Judicial District of Virginia. The court follows Virginia’s equitable distribution model — marital property is divided fairly, not necessarily equally, based on the factors enumerated in § 20-107.3. A spouse’s felony conviction can influence the court’s consideration of “circumstances and factors which contributed to the dissolution of the marriage,” but it does not automatically strip the convicted spouse of all property rights. Mr. Sris and his Of Counsel represent clients in Dinwiddie, McKenney, and throughout the county, appearing regularly at the Dinwiddie Courthouse.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases in Dinwiddie County
Mr. Sris and his Of Counsel approach a felony‑conviction divorce by first confirming the conviction and sentence meet the statutory threshold. They obtain certified copies of the conviction order and sentencing documents, verify that the spouse is currently confined, and assess whether the conviction is final. They then prepare and file a Complaint in the Dinwiddie County Circuit Court, serving the incarcerated spouse through the appropriate method — which may involve the sheriff or a private process server at the correctional facility. If the defendant spouse does not file an answer or appear, the court may grant the divorce on an uncontested basis. However, if issues of custody, equitable distribution, or spousal support require litigation, the case proceeds through the court’s normal schedule.
Because the felony conviction ground can simplify the timeline compared to a one‑year separation, many clients find that they can move forward more quickly. Mr. Sris and his Of Counsel work to keep the matter efficient while protecting the client’s interests in marital property, retirement accounts, and, where applicable, the best interests of the children. Where custody or support matters are also before the Juvenile and Domestic Relations District Court, the team coordinates to ensure consistency across filings. Every case is handled with attention to the specific facts and the client’s goals, without making promises about a particular outcome.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he is admitted 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). His Of Counsel colleagues include attorneys with backgrounds in family law, criminal prosecution, and law enforcement. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary.
Law Offices Of SRIS, P.C. has documented 4,739+ case results across all practice areas since 1997. The firm serves clients from its Richmond location, located at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. Appointments are available by calling (888) 437-7747. Dinwiddie County residents can reach the firm through the Richmond location or by scheduling a consultation.
Frequently Asked Questions
Can I get a divorce in Virginia if my spouse is in prison for a felony?
Yes. Under Va. Code § 20-91, a spouse’s felony conviction and confinement for more than one year is a ground for absolute divorce. You do not need to wait for a separation period. As soon as the conviction is final and the spouse is confined, you may file a Complaint for divorce in the Circuit Court. This ground applies whether the conviction occurred in Virginia or another state, as long as the offense qualifies as a felony and the sentence exceeds one year. The Dinwiddie County Circuit Court has jurisdiction if you or your spouse meets the residency requirement.
What evidence do I need to prove a felony conviction divorce ground?
You will need certified records showing the conviction, the sentence, and that the spouse is currently confined. Typically, the attorney obtains certified copies of the conviction order and the sentencing order from the court where the conviction occurred, along with a document reflecting the current incarceration. If the spouse is held in a Virginia Department of Corrections facility, those records are generally sufficient. Mr. Sris and his Of Counsel handle gathering the necessary documentation and presenting it to the court.
How does a felony conviction affect child custody in Dinwiddie County?
A felony conviction does not automatically terminate parental rights, but it can influence a custody determination. The trusted‑interests factors under Va. Code § 20-124.3 include the mental and physical condition of each parent and any history of family abuse. A conviction involving violence or abuse toward the child or other parent may weigh heavily against custody or visitation. The Dinwiddie County Juvenile and Domestic Relations District Court addresses custody matters while the divorce is pending in Circuit Court.
Will I get more marital property because of my spouse’s felony?
Not automatically. Virginia courts divide property equitably, not punitively. The judge considers the 11 factors listed in Va. Code § 20-107.3, including the circumstances that contributed to the dissolution of the marriage. A felony conviction that wasted marital funds or caused harm could influence the division, but the court retains discretion. Mr. Sris and his Of Counsel evaluate the specific facts of your case to develop an equitable distribution strategy.
Do I need to serve divorce papers on my imprisoned spouse?
Yes. Virginia law requires that the defendant spouse be served with the Complaint for divorce, even if incarcerated. Service may be accomplished through the sheriff or a private process server at the correctional facility. If the spouse cannot be located or refuses service, alternative methods such as service by publication may be available. Mr. Sris and his Of Counsel will arrange proper service to ensure the court obtains jurisdiction over the parties.
How long does a felony conviction divorce take in Dinwiddie County?
The timeline varies depending on whether the incarcerated spouse contests the divorce and whether custody or property disputes exist. If the case is uncontested and all documents are in order, the court may grant the divorce relatively promptly once the matter is on the docket. Contested issues regarding children or property will extend the process. The Dinwiddie County Circuit Court’s calendar and the completion of service also affect the schedule. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Additionally, these related practice pages may be helpful:
Family Law Attorney Fairfax County | Family Law Attorney Fairfax City | Family Law Attorney Prince William County
For authoritative Virginia family law references, see: Virginia Code Title 20 (Domestic Relations) | Dinwiddie County Circuit Court
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.