Felony Conviction Divorce Lawyer King William County, VA
When a spouse is convicted of a felony and sentenced to serve more than one year in prison, Virginia law provides a fault-based ground for divorce without any waiting period. This means you may file for divorce as soon as the conviction and sentence are final, rather than waiting through the normal separation periods required in no-fault cases. Mr. Sris and his Of Counsel represent clients in King William County who are pursuing divorce based on a spouse’s felony conviction. The firm’s Richmond Location serves all of King William County, including King William, West Point, and Aylett, and appears regularly in the King William County Circuit Court at 351 Courthouse Lane, Suite 201, King William, VA 23086. For a consultation about your situation, reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding Divorce Based on a Felony Conviction in Virginia
Under Virginia Code § 20-91, one of the specific fault grounds for divorce from the bond of matrimony is that a spouse “has been sentenced to confinement of more than one year for the commission of a felony.” This ground does not require any period of separation before the divorce case can be filed. Once the conviction is final and the sentence exceeds one year, the innocent spouse may immediately commence a divorce action in the Circuit Court of the county where either party resides.
For King William County residents, the divorce case is filed in the King William County Circuit Court. Matters such as child custody, visitation, and support that may arise during the divorce are heard in the King William County Juvenile and Domestic Relations District Court if they are brought independently of the divorce, but the Circuit Court retains jurisdiction over all issues when the divorce is pending. Virginia continues to be an equitable distribution state, meaning marital property is divided fairly—though not necessarily equally—based on the factors listed in Va. Code § 20-107.3. The felony conviction itself does not automatically change how property is divided, but the court may consider the circumstances surrounding the offense when weighing those factors.
A spouse’s felony conviction with a sentence of more than one year’s confinement is a statutory fault ground for divorce in Virginia, allowing the innocent spouse to file immediately without any separation period.
Source: Va. Code § 20-91 (grounds for divorce from bond of matrimony). Virginia Legislative Information System
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Because the ground is fault-based, it can affect decisions about spousal support and, in some cases, custody. The court will still apply the trusted‑interests‑of‑the‑child standard under Va. Code § 20-124.3, but a conviction involving violence or neglect may weigh heavily. As with any divorce, a comprehensive property settlement agreement can be negotiated between the parties and submitted to the court, avoiding a contested trial even when a fault ground is used.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based divorce filed when one spouse has been convicted of a felony and sentenced to confinement for more than one year, allowing the other spouse to seek a divorce without a separation period. Under Va. Code § 20-91, this ground requires proof of the conviction and sentence. The divorce can be filed immediately once the sentence is final. The court will still address property division, support, and custody according to the same equitable‑distribution and best‑interests standards that apply in other divorces.
Do I need to wait to file for divorce if my spouse is in prison?
No, you do not need to wait through any separation period before filing for divorce based on your spouse’s felony conviction. The felony‑conviction ground under Virginia law eliminates the six‑month or one‑year separation requirements that apply in no‑fault divorces. You may file as soon as the conviction and sentence of more than one year are final. Your divorce petition is filed in the Circuit Court serving King William County.
How does a felony conviction affect child custody in King William County?
The court decides custody based on the best interests of the child, but a felony conviction—especially one involving violence, abuse, or neglect—can be a significant factor in that decision. Virginia Code § 20-124.3 lists ten factors the court must consider, including any history of family abuse. A conviction for a crime against the child or a family member will likely influence custody and visitation orders. The King William County Juvenile and Domestic Relations Court handles standalone custody matters; if the custody issue is part of the divorce, the Circuit Court addresses it.
Can I get spousal support if I divorce my spouse because of a felony conviction?
Yes, you may seek spousal support (alimony), and the court considers the fault ground as one of the statutory factors. Under Va. Code § 20-107.1, the court weighs factors such as the standard of living during the marriage, the duration of the marriage, each party’s financial resources, and the circumstances that led to the divorce, including the felony conviction. A fault ground does not guarantee support, but it is part of the analysis. The amount and duration of support depend on the specific facts of each case.
Does the felony conviction affect how property is divided?
The conviction itself does not automatically change the division of marital property, but the court may consider the circumstances of the offense when deciding what is equitable. Virginia uses equitable distribution under Va. Code § 20-107.3, dividing marital property fairly based on eleven factors. The court can weigh how the conviction affected the marriage, the family’s finances, and the parties’ conduct. Separate property—assets owned before marriage or received by gift or inheritance—remains with the owning spouse. A complex financial situation may require forensic accounting, which the attorneys can coordinate.
What court handles a felony conviction divorce in King William County?
The King William County Circuit Court at 351 Courthouse Lane, Suite 201, King William, VA 23086, has exclusive jurisdiction over divorce cases. Related matters such as child custody, visitation, and support may also be heard in the King William County Juvenile and Domestic Relations District Court if filed separately, but the divorce itself and the equitable distribution of property must be decided by the Circuit Court. The firm appears regularly in both courts.
Do I need a lawyer for a divorce based on a felony conviction?
You are not legally required to have a lawyer, but handling a fault‑based divorce alone can be challenging because you must present proof of the conviction and navigate property and custody issues that may be contested. An experienced family law attorney can ensure the correct legal procedures are followed, help negotiate a settlement, and represent you in court. Mr. Sris and his Of Counsel have extensive experience in Virginia family law and appear in King William County proceedings. For a consultation, call (888) 437-7747.
Can a divorce based on a felony conviction be uncontested?
Yes, a divorce using the felony‑conviction ground can be resolved without a trial if both parties sign a comprehensive property settlement agreement. Even when the ground is fault-based, the parties can agree on all terms—property division, support, custody, and any other matters—and submit the agreement to the court for approval. This often reduces the time and cost involved. The court still requires at least one corroborating witness to testify at the final hearing.
How does the firm approach a divorce involving a felony conviction?
Mr. Sris and his Of Counsel begin by reviewing the criminal case records, the sentence, and the marital circumstances to develop a strategy that addresses both the divorce ground and the related family issues. The team works to reach a negotiated settlement whenever possible, but prepares thoroughly for trial when necessary. Because the firm handles family law matters throughout Virginia, the attorneys are familiar with local court practices in King William County and can coordinate any needed experienced attorney valuations or custody evaluations.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary.
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 team includes attorneys with extensive backgrounds in family law, criminal litigation, and courtroom practice. Together, they serve clients in King William County from the firm’s Richmond Location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. For a consultation, reach our location at (888) 437-7747.
For family law matters in other Virginia localities, see our pages for Fairfax County family law, Prince William County family law, and Falls Church City family law attorneys.
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