Felony Conviction Divorce Lawyer Hampton, VA
You married with hopes of a shared life together. Then your spouse was convicted of a felony and sentenced to prison for more than a year. You are left to rebuild, and one of your first decisions is whether to end the marriage. Virginia law allows you to move forward without waiting out a lengthy separation period: a spouse’s felony conviction with confinement of more than a year is a fault-based ground for divorce. For residents of Hampton and the surrounding communities, this path can help you obtain a divorce decree more quickly and may influence how property, support, and custody are resolved. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent individuals pursuing a felony conviction divorce in Hampton Circuit Court and throughout the Hampton Roads region. Call (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Your Story: Using a Spouse’s Felony Conviction as a Ground for Divorce
When a spouse’s criminal conduct leads to a felony conviction and incarceration, you are not obligated to wait for the separation clock to run before you can file for divorce. Under Va. Code § 20-91, a sentence of confinement for more than one year for a felony is an established fault ground. This means you can ask the court to grant a divorce immediately after the conviction, without first living apart for six months or a year. For many Hampton families, this is a way to close a painful chapter and begin anew without unnecessary delay. Mr. Sris, a former prosecutor who understands how the criminal justice system works, and his Of Counsel team help you navigate this process in Hampton Circuit Court. They focus on protecting your interests, whether the case is contested or uncontested, and whether you need to address property division, spousal support, or child custody.
What Happens Next: The Felony Conviction Divorce Process in Hampton
Once you decide to move forward, Mr. Sris and his Of Counsel will prepare and file a Complaint for Divorce in the Hampton Circuit Court, citing the felony conviction ground and attaching the relevant conviction and sentencing records. Because no separation period is required, the case can progress without the waiting time that a no‑fault divorce demands. The court will still need to resolve all the usual issues—classification and division of marital property, an award of spousal support if appropriate, and any custody or visitation arrangements for minor children. Our attorneys work to present a clear record of the conviction, advocate for a fair distribution of assets in light of the fault, and ensure that any child‑related decisions reflect the best interests of the children while accounting for the incarcerated parent’s circumstances.
Will a Felony Conviction Affect Property Division and Support?
Yes, a spouse’s felony conviction can affect how the court divides marital property and decides spousal support. Virginia is an equitable distribution state, meaning the judge divides marital property fairly, not necessarily equally. Under Va. Code § 20-107.3, the court may consider the factors and circumstances that contributed to the dissolution of the marriage—and criminal conduct resulting in a felony conviction and imprisonment falls squarely within that category. This can lead to a more favorable distribution of assets to the innocent spouse. Spousal support decisions under Va. Code § 20-107.1 also take into account the fault that led to the divorce; a spouse’s felony conviction can weigh in favor of an award or a larger sum. Child custody will always be determined by the best interests of the child, but a parent’s incarceration is a significant factor that can limit parenting time and decision‑making authority.
Under Virginia law, a spouse’s felony conviction with a sentence of confinement of more than one year is a fault-based ground for divorce with no required separation period.
Source: Va. Code § 20-91. Virginia Legislative Information System
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Mr. Sris and His Of Counsel: Experience You Can Rely On
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with a thorough understanding of both criminal proceedings and family law. He has represented clients in Hampton divorce matters and knows how to leverage a spouse’s felony conviction to move a case forward efficiently. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the legislation that revised Virginia’s equitable distribution statute. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions About Felony Conviction Divorce in Hampton, VA
Can I get a divorce if my spouse is in prison in Virginia?
Yes, Virginia law allows you to file for divorce on the fault ground of your spouse’s felony conviction when the sentence of confinement exceeds one year. This ground does not require a separation period, so you can file while your spouse is incarcerated. You will need to present the official record of the conviction and sentence to the Hampton Circuit Court. Our attorneys will help gather the necessary documents and guide you through every step of the process.
How does my spouse’s felony conviction affect property division?
Because a felony conviction is a fault ground, the judge may consider the conviction and incarceration when deciding how to divide marital assets. Under Va. Code § 20-107.3, the court can weigh the factors that contributed to the breakup of the marriage, including criminal conduct. As a result, the innocent spouse may receive a larger share of the marital estate. Our legal team will advocate for a distribution that reflects the circumstances of your case.
Is there a waiting period for a felony conviction divorce?
No, when you file for divorce based on your spouse’s felony conviction, there is no mandatory separation period. You can proceed immediately after the conviction and sentencing. This contrasts with a no‑fault divorce, which requires either a six‑month or one‑year separation depending on whether you have minor children and a signed agreement. Choosing the fault ground can shorten the timeline significantly, allowing you to move forward with your life sooner.
How do I prove my spouse’s felony conviction for the divorce case?
You will need the official court records showing the conviction and the sentence imposed. Typically, this includes a certified copy of the sentencing order from the criminal court. Our firm helps you obtain these records from the appropriate Virginia or federal court. Once we have the documentation, we attach it to your Complaint for Divorce and present it to the Hampton Circuit Court judge as evidence supporting the fault ground.
Can I receive spousal support if my spouse is in prison?
Yes, a spouse who is the innocent party may be awarded spousal support even if the paying spouse is incarcerated. The court considers the factors listed in Va. Code § 20-107.1, including the fault that led to the divorce. A felony conviction can support an award of support and may influence the amount and duration. Collecting support from an incarcerated spouse can be challenging, but our attorneys explore available enforcement options, including orders that may attach to future earnings or assets.
What happens to child custody when one parent is incarcerated?
When a parent is serving a prison sentence, the court will determine custody and visitation based on the best interests of the child, with incarceration being a critical factor. The judge will assess the incarcerated parent’s ability to exercise custody or visitation and may limit or suspend parenting time. The non‑incarcerated parent typically becomes the primary physical custodian. Our firm helps you present a plan that protects your children’s well‑being while addressing the realities of the situation.
Do I need a lawyer for a felony conviction divorce in Hampton?
While you are not legally required to have an attorney, a felony conviction divorce involves navigating fault grounds, proving the conviction, and addressing property and custody matters—all of which benefit from experienced legal guidance. An attorney can ensure the court correctly applies the law, help you secure a fair property settlement, and handle any contested issues that arise if the incarcerated spouse opposes the divorce or disputes the terms. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Will my spouse’s conviction affect the division of retirement accounts?
Yes, a felony conviction can influence how retirement accounts are divided because the court may consider the fault conduct when distributing all marital assets. Retirement accounts earned during the marriage are typically classified as marital property subject to equitable distribution. The conviction may weigh against the incarcerated spouse, resulting in a larger share for the innocent spouse. Our firm works with financial professionals when necessary to properly value and divide retirement plans through a qualified domestic relations order (QDRO).
Take the First Step Toward a New Beginning
If you are ready to end your marriage after a spouse’s felony conviction, Mr. Sris and his Of Counsel are prepared to help. Call (888) 437-7747 to schedule a confidential consultation. Our Richmond Location serves clients throughout Hampton and the Hampton Roads area by appointment.
Law Offices Of SRIS, P.C.
Richmond Location
7400 Beaufont Springs Drive, Suite 300, Room 395
Richmond, VA 23225
(804) 201-9009
For a complete overview of Virginia divorce laws, see our comprehensive analysis on the firm’s main website.
Hampton Divorce Lawyer Overview | Virginia Fault‑Based Divorce Grounds
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