Felony Conviction Divorce Lawyer Virginia, VA
In Virginia, a spouse may file for divorce on the fault ground that the other spouse has been convicted of a felony and sentenced to confinement for more than one year. This ground, set out in Virginia Code § 20-91, permits the non‑convicted spouse to obtain an absolute divorce without any waiting period of separation — unlike the no‑fault grounds, which require six or twelve months of separation. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel represent clients throughout Virginia in felony conviction divorce cases, guiding them through the legal process and working toward a resolution that addresses property division, spousal support, and child‑related issues. 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 Virginia
Under Virginia Code § 20-91, a divorce may be granted on the fault ground that the defendant spouse has been convicted of a felony and sentenced to confinement for more than one year.
Source: Va. Code § 20-91(3). Va. Code § 20-91
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
A felony conviction divorce is a fault‑based divorce in Virginia. Unlike a no‑fault divorce that requires the parties to live separate and apart for a statutory period, the spouse seeking the divorce can file as soon as the other spouse has been sentenced to imprisonment for more than a year on a felony conviction. There is no requirement to wait for the incarcerated spouse to serve the entire sentence. The divorce ground becomes available upon the sentencing, even if the convicted spouse appeals the conviction, and the divorce proceeding can move forward while the spouse is incarcerated. The divorce itself is heard in the circuit court of the locality where either spouse resides, as Virginia’s circuit courts have exclusive original jurisdiction over divorce cases. The filing of a fault‑based divorce on the felony conviction ground does not by itself determine how marital property will be divided or what support will be paid; those issues are resolved under the equitable distribution factors in Va. Code § 20-107.3 and the spousal support factors in § 20-107.1.
Virginia also recognizes other fault grounds — adultery, cruelty, willful desertion — but the felony conviction ground is distinct. It does not require proof of marital misconduct such as infidelity or physical harm. Instead, the public record of a felony conviction and a sentence of more than one year establishes the ground. Because a felony conviction divorce is a fault ground, the court may consider the circumstances surrounding the conviction when deciding spousal support or property division, but the conviction itself is not an automatic bar to the convicted spouse’s rights in equitable distribution.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When a client consults Law Offices Of SRIS, P.C. about a felony conviction divorce, Mr. Sris and his Of Counsel begin with a careful review of the facts: the date and nature of the conviction, the sentence imposed, the status of any appeal, and the couple’s financial and child‑related circumstances. The next step is filing a complaint for divorce in the appropriate Virginia circuit court, clearly pleading the felony conviction ground under Va. Code § 20-91. The complaint also asks the court to decide equitable distribution of marital property, spousal support, and, if minor children are involved, custody, visitation, and child support. The proceeding is a civil matter distinct from the criminal case, and the couple’s children are not automatically affected by the conviction; a separate best‑interests analysis applies.
Because the defendant spouse may be incarcerated, service of process and participation in the case require attention. Mr. Sris and his Of Counsel handle the procedural steps, including obtaining service on an incarcerated party through the facility’s procedures or by alternative means if necessary. They also seek pendente lite relief — temporary support, exclusive use of the marital home, or preservation of assets — when the client’s financial situation warrants it. The divorce can proceed to a hearing even if the convicted spouse does not participate, and the court may enter a final decree. Throughout the process, Mr. Sris and his Of Counsel work to achieve an outcome that protects the client’s financial interests and parental rights.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor. He is admitted to practice 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). He is assisted by a team of Of Counsel attorneys who practice in Virginia and Maryland. Over 120 years of combined legal experience between Mr. Sris and his Of Counsel, with 4,739+ documented firm-wide results. Results may vary.
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. The ground is set out in Virginia Code § 20-91 and does not require any period of separation. The non‑convicted spouse may file for divorce immediately after the sentencing, even if the convicted spouse is incarcerated. The divorce is handled in the circuit court, which also addresses property division, support, and custody.
Do I need a lawyer to file for a divorce on the ground of my spouse’s felony conviction?
You are not legally required to have an attorney, but a lawyer can help ensure that the pleading is properly structured, that service on an incarcerated spouse is accomplished, and that the financial and custodial issues are handled appropriately. The court will still require a hearing and corroborating evidence. Mr. Sris and his Of Counsel can manage the entire process, from drafting the complaint to presenting the case at a final hearing.
How does a felony conviction divorce affect property division and support?
The conviction itself is one of many factors the court may weigh when dividing marital property and deciding spousal support. Virginia uses equitable distribution, meaning property is divided fairly, not necessarily equally. The court considers the circumstances and factors that led to the dissolution of the marriage, which can include the facts surrounding the felony. Spousal support is determined under the 13 statutory factors in Va. Code § 20-107.1.
Can the convicted spouse contest the divorce or delay the proceedings?
Yes, the convicted spouse may file an answer and contest the divorce, but doing so from incarceration can be difficult and does not prevent the case from proceeding. The court will schedule a hearing even if the spouse does not appear. If the spouse files a pro se answer, the case may require additional procedural steps. Mr. Sris and his Of Counsel handle contested divorces on this ground and will present the necessary evidence to support the claim.
What happens to child custody when one parent is incarcerated?
The court decides custody based on the best interests of the child, not automatically based on the conviction. While incarceration is a factor, Virginia law requires the court to consider the child’s relationship with both parents, the parent’s ability to care for the child, and any history of abuse. The non‑incarcerated parent often receives primary physical custody, but the court may order visitation or other arrangements. The firm can also assist with custody modifications when circumstances change, such as release from prison.
Will the divorce be granted even if the felony conviction is under appeal?
Yes, the availability of the felony conviction ground does not depend on the finality of the appeal. The ground arises upon the sentence; a pending appeal does not stay the divorce proceeding. However, the outcome of the criminal appeal could later affect property or spousal support orders, which may be subject to modification. Mr. Sris and his Of Counsel can advise on how to handle this contingency during the divorce.
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