Felony Conviction Divorce Lawyer James City County, VA

Reviewed by Mr. Sris, Owner and Founder Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

When a spouse is convicted of a felony and sentenced to more than one year in prison, Virginia law gives the other spouse the right to seek an immediate divorce. In James City County, this type of divorce — commonly referred to as felony conviction divorce — is handled in the James City County Circuit Court. Law Offices Of SRIS, P.C., practicing family law since 1997, represents individuals in James City County and throughout Virginia who wish to end a marriage based on this fault ground. Mr. Sris and his Of Counsel bring extensive experience in family law matters, including cases involving incarcerated spouses, complex property division, and child custody. For guidance on your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What Felony Conviction Divorce Means in James City County, Virginia

In Virginia, a spouse may file for divorce when the other spouse has been convicted of a felony and sentenced to confinement for more than one year. This fault-based ground is set out in Va. Code § 20-91. Unlike no-fault divorce, which requires a separation period of six months to one year, a divorce on this ground may be filed without waiting — the conviction and sentence trigger the right to proceed. The case is heard in the James City County Circuit Court, located at 5201 Monticello Avenue, Suite 4, Williamsburg, VA 23188. The court has exclusive jurisdiction over divorce proceedings, while the James City County Juvenile and Domestic Relations District Court handles custody, visitation, and support issues that may arise during the case.

Under Va. Code § 20-91, a court may grant a divorce when one spouse has been sentenced to confinement for more than one year for a felony conviction.

Source: Va. Code § 20-91. Virginia Code § 20-91

Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.

James City County, home to Williamsburg and surrounding communities such as Norge, Toano, and Lightfoot, falls within the Ninth Judicial District. Our Richmond Location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 serves clients throughout the area. Mr. Sris and his Of Counsel are familiar with the local court procedures and can help petitioners navigate the filing process, service on the incarcerated spouse, and the equitable distribution of marital property. Because the conviction itself must be documented, we assist in obtaining certified copies of the criminal judgment and sentencing order to satisfy the court’s proof requirements.

How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases

When a client retains Law Offices Of SRIS, P.C. to pursue a divorce based on a spouse’s felony conviction, we move promptly to prepare and file the Complaint for Divorce in the James City County Circuit Court. The complaint sets out the factual basis for the divorce, including the nature of the felony, the date of conviction, and the sentence imposed. Because the ground is fault-based, no separation period is necessary, which can shorten the overall timeline.

Our team gathers the necessary documentation, including certified copies of the conviction order, sentencing order, and any appeal records, to present to the court. If the incarcerated spouse cannot be served personally, we use lawful means of service, such as service on the warden or by publication when permitted. Throughout the case, we address all related issues — equitable distribution of marital property and debts, spousal support, child custody and visitation, and child support — working to secure a fair resolution for our client. Our experience with complex marital estates, including retirement accounts, real estate, and business interests, helps ensure that property division is handled thoroughly. We communicate with the court, opposing counsel, and any guardian ad litem as needed. At every stage, Mr. Sris and his Of Counsel strive to achieve favorable outcomes while keeping the client informed.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997 after serving as a former prosecutor. He brings a thorough understanding of courtroom dynamics and legal strategy to every family law matter. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that amended Virginia’s equitable distribution statute — a direct example of his commitment to Virginia family law. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

Working alongside Mr. Sris are his Of Counsel, a group of experienced attorneys who each handle family law matters. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with 4,739+ documented firm-wide results. Results may vary. All consultations are by appointment. Our Richmond Location serves clients in James City County and across Central Virginia. To request a consultation, call (888) 437-7747.

Frequently Asked Questions

What is a felony conviction divorce in Virginia?

A felony conviction divorce is a fault-based divorce granted when one spouse has been convicted of a felony and sentenced to confinement for more than one year. Under Va. Code § 20-91, this ground allows the non-convicted spouse to file for divorce immediately without a mandatory separation period. The case is heard in the Circuit Court, which has exclusive jurisdiction over divorce. The petitioner must supply proof of the conviction and sentence, typically through certified court records. This ground is often used when a spouse is incarcerated for a serious crime, and it can affect property division, spousal support, and custody arrangements.

Can I file for divorce if my spouse is in prison for a felony?

Yes, you may file for divorce in Virginia if your spouse has been convicted of a felony and sentenced to more than one year in prison. The conviction and sentence provide a fault ground under Va. Code § 20-91. You can file the complaint for divorce in the Circuit Court where you reside or where the conviction occurred. Because the ground is fault-based, you do not need to wait through a separation period. The court will still address all related matters, such as property division and child custody, and service may be accomplished through the institution where your spouse is held.

How does a felony conviction affect property division during divorce?

A felony conviction itself does not automatically determine how marital property is divided; Virginia courts apply equitable distribution based on the 11 factors in Va. Code § 20-107.3. The court may consider the circumstances of the conviction, the length of the marriage, and the contributions of each spouse. Marital assets are divided fairly, but not necessarily equally. Incarceration may affect a spouse’s ability to claim certain assets, and the court has broad discretion to fashion a distribution that is equitable under the circumstances. An attorney can help present evidence to support a fair division.

Do I need a lawyer for a felony conviction divorce in James City County?

While you are not required to have a lawyer, navigating a divorce based on a spouse’s felony conviction involves statutory requirements, local court procedures, and potential complications that are most effectively handled with experienced legal representation. In James City County, the Circuit Court expects pleadings to meet specific standards, and the case may involve service on an incarcerated party, valuation of marital property, and possibly contested custody issues. Mr. Sris and his Of Counsel can guide you through the process, prepare the necessary documents, and advocate for your interests in court. For a consultation, call (888) 437-7747.

What happens if my spouse’s felony conviction is on appeal?

If the conviction is under appeal, a divorce based on the felony conviction ground may still proceed, but the court has discretion to stay the case pending the outcome of the appeal. Virginia courts generally treat a final conviction as sufficient, even if an appeal is pending, but the judge may consider the circumstances. The impact on property division and support can be deferred until the appeal is resolved. An experienced attorney can advise on whether to request a stay or proceed, depending on the strength of the appeal and the urgency of your situation. Discuss your options with Mr. Sris and his Of Counsel.

How long does a felony conviction divorce take in Virginia?

The timeline for a felony conviction divorce varies based on court scheduling, the complexity of the issues, and whether the divorce is contested. In an uncontested case where the incarcerated spouse does not oppose the divorce and all issues are resolved, the process may conclude in a matter of months. Contested matters—such as disputes over property, support, or custody—can take longer. Because no separation period is required, filing can occur promptly after the conviction is documented. The James City County Circuit Court sets hearings on its calendar, and actual timing depends on the court’s docket.

Related Family Law Resources:

Primary sources: Virginia Code § 20-91 (Grounds for Divorce) | Virginia Courts (Official Website)

Last reviewed: June 2026

Attorney advertising. Prior results do not guarantee a similar outcome.

Results may vary.

Case results depend on a variety of factors unique to each case.