Felony Conviction Divorce Lawyer Near Me
If you are searching for a felony conviction divorce lawyer near you in Virginia, Law Offices Of SRIS, P.C. provides representation grounded in the specific statutory grounds found in Va. Code § 20-91. A spouse’s conviction of a felony and sentence to confinement for more than one year creates a fault-based ground for divorce. Whether you are the party seeking to file on that ground or you are the incarcerated spouse responding to a divorce complaint, an experienced family-law attorney can explain how the conviction affects property division, spousal support, and child-related determinations. Mr. Sris and his Of Counsel serve clients throughout Virginia—including the Hampton Roads area—from the firm’s Fairfax location. To request a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Felony Conviction Divorce in Virginia
Virginia law permits an absolute divorce on the ground that a spouse has been convicted of a felony and sentenced to imprisonment for more than one year (Va. Code § 20-91). Unlike the no-fault separation waiting periods, this fault ground does not require the parties to have lived apart for any set duration before filing. The conviction itself supplies the basis for the divorce, provided the sentence exceeds one year of confinement. After a spouse has been convicted and sentenced, the other spouse may file a Complaint in the circuit court. The proceeding can move forward even while the convicted spouse remains incarcerated, though issues of service of process and participation rights must be carefully managed.
Mr. Sris and his Of Counsel handle felony-conviction divorce matters with attention to the distinct procedural and substantive questions that arise. From confirming that the conviction and sentence meet the statutory elements to addressing the logistics of serving an incarcerated party, the firm works to advance the client’s objectives efficiently. The firm represents clients throughout Virginia, appearing in circuit courts across the Commonwealth, including those serving Hampton, Newport News, and the surrounding communities. Because each case presents unique facts, the strategy is tailored to the specific circumstances—whether the goal is to obtain the divorce and resolve attendant property and support issues or to protect the interests of the convicted spouse facing dissolution.
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 incarceration for more than one year under Va. Code § 20-91. Unlike a no-fault divorce, which requires a period of separation, this ground allows the innocent spouse to proceed without waiting. The conviction must be final and the sentence must exceed the one-year threshold. The divorce does not automatically change property rights or custody arrangements; those issues are resolved separately according to equitable-distribution and best-interest standards.
How does a spouse’s felony conviction affect property division in Virginia?
A felony conviction does not automatically bar the convicted spouse from receiving a share of marital property, but the court may weigh the circumstances of the conviction as a factor under Va. Code § 20-107.3. Virginia follows equitable distribution, meaning the circuit court divides marital property fairly based on statutory factors, including the parties’ contributions and the reasons for the dissolution. A conviction that caused economic harm or imposed financial burdens on the family can influence the division. The court may also consider the convicted spouse’s ability to pay debts and support obligations given the incarceration.
Will a felony conviction impact child custody in Virginia?
Yes, a conviction can affect custody and visitation decisions, but the court’s primary guide is the best interests of the child under Va. Code § 20-124.3. The judge will examine whether the conviction involved conduct that could endanger the child’s safety or well-being. If the conviction relates to a crime of violence, abuse, or neglect, the court may restrict or deny custody or require supervised visitation. Even when the convicted parent is serving a long sentence, the non-incarcerated parent may seek sole custody with limited or no visitation until release.
I am the incarcerated spouse. Do I have any rights in a felony conviction divorce?
Yes, an incarcerated spouse retains the right to receive notice of the divorce filing and to participate in the proceedings. The plaintiff must serve the Complaint on the inmate, usually through the sheriff or a process server at the correctional facility. The incarcerated spouse may file an answer and raise defenses, but failing to respond can lead to a default judgment. Courts generally ensure that the inmate has an opportunity to be heard—either in person, through written submissions, or by obtaining counsel—before the divorce is finalized.
Can I file for divorce based on a felony conviction that happened in another state?
Yes, you may use an out-of-state felony conviction as the ground for divorce in Virginia as long as the conviction is valid and the sentence exceeds one year. Virginia courts will examine the conviction and sentence from the other state to determine whether they satisfy the statutory requirement of Va. Code § 20-91. The jurisdictional requirement remains that at least one spouse must have been a resident and domiciliary of Virginia for the six months preceding the filing.
What is the process for a felony conviction divorce when the spouse is in prison?
The process begins with filing a Complaint in the circuit court, followed by service of the Complaint on the incarcerated spouse. Because the defendant is in custody, service must be carried out with the cooperation of the correctional facility. After service, the case proceeds through the usual divorce phases: discovery, negotiations (if possible), and a hearing or trial. If the incarcerated spouse chooses not to participate, the court may proceed to a default judgment. The presence of incarceration can complicate financial disclosure and property valuation, so strategic case management is essential.
How does a conviction affect spousal support in Virginia?
A felony conviction can influence the amount and duration of spousal support, but it does not end support obligations automatically. Under Va. Code § 20-107.1, the court considers the parties’ respective earning capacities, contributions, and the circumstances experienced to the dissolution. The convicted spouse’s incarceration may reduce the ability to pay support, but the obligation may accrue during imprisonment. Conversely, the innocent spouse may seek support based on financial need, and the court may impute income to the incarcerated spouse if appropriate.
Do I need a lawyer for a felony conviction divorce in Virginia?
While you are not legally required to hire an attorney, a felony conviction divorce involves statutory technicalities and procedural hurdles that benefit from experienced counsel. Proving the conviction and sentence, ensuring proper service on an incarcerated defendant, and protecting your financial and parental rights all require careful legal handling. An experienced family-law attorney can help you navigate the circuit court process, avoid delays, and present your case effectively.
How long does a felony conviction divorce take?
The timeline varies by case, depending on court scheduling, the responsive actions of the incarcerated spouse, and the complexity of any contested issues. If the convicted spouse does not contest the divorce and the parties agree on property and support terms, the matter can conclude sooner. Contested custody, support, or property disputes will extend the process. The court’s calendar in the specific Virginia circuit also plays a role.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since the firm was founded in 1997. He is a former prosecutor and is admitted 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 and his Of Counsel bring extensive combined legal experience to each matter. Mr. Sris and his Of Counsel have documented case results across all practice areas since 1997. Results may vary.
To discuss how a felony conviction divorce applies to your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747. Consultations are by appointment from the firm’s Fairfax location, and the firm serves clients throughout Virginia, including the Hampton Roads communities.
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Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case.