Felony Conviction Divorce Lawyer York County, VA
If you are seeking a divorce in York County because your spouse has been convicted of a felony and sentenced to more than one year of imprisonment, you may file on that fault ground under Virginia Code § 20-91. Law Offices Of SRIS, P.C. represents spouses who need to bring a divorce action based on the other spouse’s felony conviction. Our firm handles all aspects of the divorce process, from filing the complaint in York County Circuit Court to addressing equitable distribution of marital property and any related custody or support matters. Mr. Sris and his Of Counsel team have practiced family law in Virginia since 1997 and appear regularly in York County courts. For a consultation, contact us at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in York County
Under Virginia law, a divorce may be granted on the fault ground that one spouse has been sentenced to confinement for more than one year for a felony, as provided in Va. Code § 20-91. This ground does not require a separation period and is one of several fault-based options. The divorce action itself is a civil proceeding that addresses the dissolution of the marriage, property division, spousal support, and, when applicable, child custody and support. In York County, the Circuit Court at 300 Ballard Street, Yorktown, VA 23690 has exclusive original jurisdiction over divorce suits, while matters involving custody, support, or protective orders may be heard by the York County Juvenile and Domestic Relations District Court.
Because the defendant spouse is often incarcerated, service of process and the procedural steps may differ from a typical divorce. The firm’s Richmond location serves clients throughout York County, including the communities of Yorktown, Grafton, Tabb, and Seaford. Mr. Sris and his Of Counsel are familiar with local court practices and the logistical considerations that arise when one party is incarcerated, whether in Virginia or another jurisdiction.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When a client seeks a divorce on the ground of a spouse’s felony conviction, the first step is to confirm that the statutory requirements are met: the spouse must have been convicted of a felony and received a sentence to confinement of more than one year. Evidence of the conviction and the sentence is presented to the court. The complaint is filed in the York County Circuit Court, where a Pendente Lite hearing may be requested to address temporary support, use of the marital residence, or interim custody arrangements while the divorce is pending.
Because the defendant may be located in a correctional facility, service of process can require coordination with the facility’s legal office or, if the spouse is out of state, the use of procedural mechanisms such as the Hague Service Convention or alternative service options authorized by the court. Once jurisdiction is established, the case proceeds through the equitable distribution of marital property under Va. Code § 20-107.3, spousal support considerations, and—if there are minor children—custody and child support determinations. The timeline varies by case complexity and court availability. Mr. Sris and his Of Counsel work to move the matter toward resolution while protecting the client’s interests at each stage.
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 a former prosecutor. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris oversees the firm’s family law practice and draws on extensive experience in both litigation and statutory interpretation. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
All attorneys who work with Mr. Sris on family law matters serve as Of Counsel—non-employee attorneys engaged through Excella—and collectively bring over 120 years of combined legal experience. Results may vary. Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault‑based divorce granted in Virginia when one spouse has been convicted of a felony and sentenced to more than one year of confinement, under Va. Code § 20‑91. Unlike no‑fault divorce, this ground does not require a separation period. The filing spouse must present evidence of the conviction and the sentence. The divorce itself is a civil matter handled in the Circuit Court; the criminal conviction is a separate proceeding. The divorce court can also address property division, support, and, if the couple has minor children, custody and visitation.
How does a felony conviction affect divorce proceedings in York County?
A felony conviction can affect divorce proceedings because the incarcerated spouse may be unable to participate in person, and service of process must be completed at the correctional facility. The York County Circuit Court has exclusive jurisdiction over the divorce, while any custody or support issues may be heard by the Juvenile and Domestic Relations District Court. Incarceration can impact the division of marital assets, spousal support determinations, and parenting time. An experienced family law attorney can help navigate these complications and ensure the case moves forward efficiently.
Can I file for divorce in Virginia if my spouse is incarcerated in another state?
Yes, you may still file for divorce in Virginia if you meet the state’s residency requirement and the ground of felony conviction applies. Under Virginia Code § 20-97, at least one party must be a bona fide resident and domiciliary of Virginia for six months before filing. Service of process on an out‑of‑state incarcerated spouse typically requires coordination with the receiving facility and may involve alternative methods if conventional service is impractical. The firm’s team is familiar with the procedural steps needed to effect proper service and obtain the court’s jurisdiction.
Does a felony conviction automatically grant a divorce?
No, a felony conviction does not automatically dissolve the marriage; the spouse seeking the divorce must file a complaint and present evidence of the conviction and sentence. The judge will then determine whether the statutory ground is met. If the complaint is proven, the court may grant the divorce and also address equitable distribution, spousal support, and child‑related issues. Having an attorney guide the process helps ensure all required steps are completed and your rights are protected.
What if my spouse is serving a life sentence?
A life sentence for a felony satisfies the “more than one year” confinement requirement under Va. Code § 20‑91, so the ground is available. The divorce process proceeds similarly regardless of the length of the sentence. The key is presenting evidence of the conviction and the fact of the sentence. Issues such as property division and support will be decided by the York County Circuit Court based on the specific facts of the case. Legal counsel can address the practical difficulties that may arise when the defendant cannot participate in court in person.
Do I need a lawyer for a felony conviction divorce?
While you are not legally required to have a lawyer, a felony conviction divorce involves procedural requirements, service‑of‑process challenges, and potentially complex property division that benefit from experienced legal guidance. An attorney can confirm that the statutory ground is properly pleaded, gather and present the necessary evidence, handle service on an incarcerated spouse, and advocate for a fair distribution of marital assets and any support. For a consultation about your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Related pages: James City County Family Law Lawyer · Williamsburg Family Law Lawyer · Fairfax County Family Law Lawyer · Fairfax City Family Law Lawyer · Falls Church Family Law Lawyer
Primary legal sources: Virginia Code Title 20 (Domestic Relations) · Va. Code § 20‑91 · Virginia Courts
Law Offices Of SRIS, P.C. serves clients in York County from its Richmond location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 (by appointment). Call (888) 437-7747 to schedule a consultation.
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Case results depend on a variety of factors unique to each case.