Felony Conviction Divorce Lawyer Colonial Heights, VA
Under Virginia law, a spouse may file for divorce when the other spouse has been sentenced to confinement for more than one year for a felony. This ground, set out at Va. Code § 20-91, allows the innocent spouse to move forward without waiting for a separation period. For residents of Colonial Heights and the surrounding communities, a felony conviction divorce raises questions about how to serve an incarcerated spouse, how property is divided, and what happens with child custody during incarceration. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. Concentrate their family law practice on fault‑based divorces, including felony conviction cases, and appear in Colonial Heights Circuit Court and Juvenile & Domestic Relations District Court. Reach our firm at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Felony Conviction Divorce Means in Colonial Heights, Virginia
Virginia Code § 20‑91 lists several fault grounds for divorce, and one of them is the sentencing of a spouse to confinement for more than one year for a felony. Unlike no‑fault divorce, which requires a six‑month or one‑year separation, the felony conviction ground imposes no waiting period once the conviction is final and the sentence exceeds one year. This means the innocent spouse can proceed directly to filing a complaint in the Colonial Heights Circuit Court, which has exclusive jurisdiction over divorce matters. The court, located at 550 Boulevard, handles all aspects of the divorce, including equitable distribution of marital property and any custody arrangements.
Because Colonial Heights is an independent city within the Twelfth Judicial District, the same judges and procedural practices that apply in neighboring Chesterfield County also govern cases here. The Colonial Heights Juvenile & Domestic Relations District Court retains authority over standalone custody, visitation, and support matters when a divorce has not yet been filed. When a felony conviction divorce is initiated, the Circuit Court can address custody and support as part of the divorce decree or through pendente lite orders. Virginia is an equitable distribution state, so judges divide marital assets based on statutory factors rather than a 50/50 formula, and the incarceration of one spouse can affect how those factors are weighed.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
Mr. Sris and his Of Counsel approach a felony conviction divorce by first confirming that the statutory elements are met: a felony conviction, a sentence of more than one year of confinement, and the petitioner’s residency in Virginia for at least six months. Once the ground is established, the focus shifts to serving the incarcerated spouse. Service of process on an inmate requires compliance with Virginia’s rules, and the firm handles the coordination with the facility to ensure proper notice.
From there, the case proceeds like other fault‑based divorces. The team develops a strategy for property classification and division, which can be more complex when one spouse is in prison and unable to participate in discovery or negotiations. Custody and parenting time are often the most sensitive issues; the court will apply the trusted‑interest factors under Va. Code § 20‑124.3, and the incarceration is a factor the court considers. Mr. Sris and his Of Counsel work to structure a final decree that addresses all marital issues—property, support, and custody—without requiring the incarcerated spouse’s appearance when that is not practical. Throughout the process, the firm maintains communication with the client and moves the case toward a resolution on the court’s calendar.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C., a firm he established in 1997. A former prosecutor, he brings deep courtroom experience to family law matters, including fault‑based divorces. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel team works alongside Mr. Sris and collectively brings over 120 years of combined legal experience, with 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
In Virginia, a felony conviction divorce is a fault‑based divorce ground available when one spouse has been sentenced to confinement for more than one year for a felony. The ground is set out at Va. Code § 20‑91 and does not require any separation period. The innocent spouse may file the complaint as soon as the conviction becomes final and the sentence exceeds one year. This ground is often used when the incarcerated spouse will be away for an extended period and the petitioner wants to dissolve the marriage without waiting for a no‑fault separation. Because it is a fault ground, the divorce can affect property division and spousal support, though the court still applies equitable distribution principles. Mr. Sris and his Of Counsel handle felony conviction divorces in Colonial Heights Circuit Court and can explain how the ground applies to your situation. For guidance on your specific circumstances, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need to prove anything beyond the felony conviction?
Yes, you must present evidence that your spouse was convicted of a felony and sentenced to more than one year of confinement. You also need to prove that you have been a resident and domiciliary of Virginia for at least six months before filing. The divorce complaint is filed in the circuit court of the city or county where either party resides. When the incarcerated spouse cannot be located or is in a facility outside Virginia, service of process follows the applicable rules, and the firm will assist with that procedure. The court generally does not require you to prove marital fault beyond the statutory ground, though evidence of the conviction and sentence must be part of the record. An experienced family law attorney can help you assemble the necessary documents and present them to the court. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does the felony conviction ground affect child custody in Colonial Heights?
The felony conviction and incarceration of a parent is a factor the court considers under the “best interests of the child” standard in Virginia, but it does not automatically bar custody or visitation. Under Virginia Code § 20‑124.3, the court examines ten factors, including the relationship between the child and each parent, each parent’s role in the child’s life, and any history of family abuse. A parent’s incarceration is weighed within those factors, and the court will look at the nature of the offense, the length of the sentence, and the child’s connection to the incarcerated parent. The Colonial Heights Juvenile & Domestic Relations District Court handles custody matters if no divorce action has been filed, but once a divorce is pending, the Circuit Court may enter custody orders. Mr. Sris and his Of Counsel regularly present these issues in Colonial Heights courtrooms. To discuss how a felony conviction could impact your custody case, reach the firm at (888) 437-7747.
Can I get a divorce if my spouse’s conviction is being appealed?
Under Virginia law, a divorce on the felony conviction ground typically requires a final conviction; a pending appeal may delay the finality needed to rely on this ground. You may still be able to proceed under a different ground, such as a no‑fault separation after the required period, or another fault ground if applicable. The firm evaluates the status of the conviction and, if the appeal is ongoing, advises on the most practical path forward. In some situations, a court may grant a divorce based on the conviction if the sentence is being served, even while an appeal is pending, but that determination is made on a case‑by‑case basis. Speaking with an attorney at Law Offices Of SRIS, P.C. can clarify your options and the timeline you face. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
What is the difference between a felony conviction divorce and a no‑fault divorce in Virginia?
A felony conviction divorce is a fault‑based ground that allows the marriage to end immediately after the conviction and sentence, while a no‑fault divorce requires either a one‑year separation, or a six‑month separation if there are no minor children and a written separation agreement is in place. The fault ground can influence spousal support and equitable distribution, though the court still divides marital property according to the factors in § 20‑107.3. Some clients choose the felony conviction ground when it moves the case more quickly than waiting for a separation period, especially if the incarcerated spouse is uncooperative. The choice between grounds depends on the facts of the case, the availability of evidence, and the timeline the client needs. Mr. Sris and his Of Counsel review both options with each client. To understand which ground may work best for you, contact the firm at (888) 437-7747.
How do I begin a felony conviction divorce in Colonial Heights?
Begin by contacting a family law attorney who practices in Colonial Heights and who can evaluate whether the felony conviction ground is available to you. The next steps generally include filing a complaint for divorce in the Colonial Heights Circuit Court, ensuring the incarcerated spouse is properly served, and presenting evidence of the conviction and sentence. The firm can guide you through gathering the necessary documents, including the conviction order, sentencing order, and proof of incarceration. Once the complaint is filed, the case proceeds on the court’s calendar; pendente lite relief, such as temporary custody or spousal support, may be requested. The process does not require the incarcerated spouse to appear in person if service is properly completed and the statutory requirements are met. Law Offices Of SRIS, P.C. can explain each step during a consultation. Reach our firm at (888) 437-7747 to get started.
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