Felony Conviction Divorce Lawyer New Kent County, VA
Virginia law provides a fault‑based ground for divorce when one spouse has been convicted of a felony and sentenced to confinement for more than one year. Under Va. Code § 20‑91, a spouse may file for divorce immediately upon the conviction and sentence — no separation period is required. Law Offices Of SRIS, P.C. represents spouses seeking divorce under this felony‑conviction ground in New Kent County, Virginia. Mr. Sris, the firm’s Owner and Founder, and his Of Counsel team bring extensive experience in family law matters, including the financial, custody, and support issues that arise when a spouse is incarcerated. The firm’s Richmond location, at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, serves clients throughout New Kent County and Central Virginia. Reach our location at (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in New Kent County
In Virginia, a divorce based on a spouse’s felony conviction is a fault‑based action. The statute requires that the spouse has been convicted of a felony — whether in Virginia, another state, or federally — and sentenced to serve a term of more than one year. The conviction must be final; a pending appeal does not automatically bar the divorce, but it may affect the timing and evidence. Importantly, no period of separation is required. The innocent spouse may file the Complaint for Divorce as soon as the conviction and sentence exist, unlike the six‑month or one‑year separation periods needed for no‑fault divorces. This can offer a faster path to legal closure.
New Kent County falls within Virginia’s Ninth Judicial District. The New Kent County Circuit Court at 12001 Courthouse Circle, New Kent, VA 23124 has exclusive original jurisdiction over divorce cases, including equitable distribution of property and spousal support. Any custody, visitation, or child‑support issues that must be decided during the divorce are handled as part of the same circuit‑court case. However, if a standalone custody or support petition is filed outside the divorce, the New Kent County Juvenile & Domestic Relations District Court would address it. Mr. Sris and his Of Counsel are familiar with the local court procedures and can guide you through filing in the appropriate court.
Residents of New Kent, Providence Forge, and Quinton must also meet Virginia’s residency requirement: at least one party must be a bona fide resident and domiciliary of Virginia for six months before filing. Because the firm’s Richmond location serves these communities, clients benefit from direct representation without the need to travel to a distant courthouse.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
Each case begins with a thorough discussion of the client’s objectives, the conviction details, and the family’s financial picture. Mr. Sris and his Of Counsel work to identify all marital property, income streams, and debts — tasks that become more complex when one spouse is incarcerated and may have limited assets or income. The team ensures that property classification and division under Virginia’s equitable distribution statute (Va. Code § 20‑107.3) account for the unique circumstances, such as assets located in prison trust accounts, future pension benefits, or a family home that must be maintained without the incarcerated spouse’s contribution.
If children are involved, parenting plans, visitation schedules, and child support calculations must be realistic given the incarceration. Mr. Sris and his Of Counsel negotiate agreements whenever possible to minimize conflict and expense, but they are fully prepared to litigate when necessary — presenting evidence of the conviction, the sentence length, and the impact on the family to the Circuit Court judge. Throughout the process, the team focuses on achieving a workable financial and custodial outcome while respecting the client’s need for finality.
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 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background as a former prosecutor gives him insight into criminal case processing, which can be crucial when a felony conviction is the basis for divorce. 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. He and his Of Counsel team bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results across multiple practice areas. Results may vary.
Frequently Asked Questions
What must I prove to get a felony conviction divorce in New Kent County?
You must prove that your spouse was convicted of a felony and sentenced to confinement for more than one year, and that the conviction is final. This is a fault ground under Va. Code § 20‑91. Unlike no‑fault divorce, you do not need to show a separation period. The Circuit Court will require evidence of the conviction, such as a certified copy of the sentencing order, and you must also satisfy the six‑month residency requirement. If you have minor children, the court will address custody, visitation, and support as part of the same proceeding. For guidance on gathering the necessary documents, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can I still get a divorce if my spouse is appealing the felony conviction?
A pending appeal does not prevent you from filing for divorce; the conviction is considered final for divorce purposes even while an appeal is pending in most circumstances. Virginia courts generally allow the divorce to proceed once the trial‑court judgment of conviction and sentence have been entered. However, the existence of an appeal can affect the timing and strategy, particularly if the spouse might later be released. An attorney can help you weigh the risks and decide whether to move forward now or wait. To discuss your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
How is property divided when one spouse is incarcerated?
Virginia follows equitable distribution, not a 50‑50 split, and incarceration is a factor the judge can consider under Va. Code § 20‑107.3. The court must classify all property as marital or separate and then divide the marital estate fairly, looking at 11 factors including each spouse’s contributions, the duration of the marriage, and any circumstances that contributed to the dissolution — including the felony conviction. Property like a family home, cars, bank accounts, and retirement assets are valued as usual, but the court may take into account the incarcerated spouse’s reduced ability to contribute financially. Mr. Sris and his Of Counsel can work with you to present a complete financial picture. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
Will I be able to get spousal support if my spouse is in prison?
Spousal support may be awarded, but the amount often depends on the incarcerated spouse’s income, assets, and earning capacity post‑release. Under Virginia law, the court examines all sources of income, including prison work assignments, pension payments, or passive income from property. If the incarcerated spouse has few liquid assets, the support award may be modest or deferred until release. The judge may also reserve the right to modify support later. Because these determinations are fact‑intensive, it is important to have an experienced family‑law attorney present your financial evidence clearly. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Do I need a separate custody case in New Kent County if we have children?
No; custody, visitation, and child support can all be decided in the same Circuit Court divorce case. New Kent County Circuit Court has authority to enter orders regarding the children as part of the divorce decree. The court will apply the trusted‑interests‑of‑the‑child factors in Va. Code § 20‑124.3, giving careful consideration to the incarcerated parent’s ability to maintain a relationship with the child. If you already have an existing custody order from the Juvenile & Domestic Relations District Court, that order can be incorporated or modified within the divorce proceeding. For guidance tailored to your family’s situation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
How long does a felony conviction divorce take in New Kent County?
The timeline varies — uncontested cases can resolve in a matter of months once the conviction is documented, while contested cases with property and custody disputes may extend to a year or more. Because no separation period is required, the primary time drivers are the court’s calendar, the complexity of equitable distribution, and whether the incarcerated spouse participates. Mr. Sris and his Of Counsel work to move the case forward efficiently, often by negotiating a comprehensive settlement that avoids trial. To learn more about what to expect in your specific circumstances, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Related Family Law Pages:
- Family Law Lawyer Fairfax County, VA
- Family Law Lawyer Prince William County, VA
- Family Law Lawyer Richmond, VA
- Family Law Lawyer Williamsburg, VA
Primary sources: Virginia Code Title 20 — Domestic Relations · Virginia’s Judicial System
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Case results depend on a variety of factors unique to each case.