Felony Conviction Divorce Lawyer York County, VA
You married someone you trusted. Now they have been convicted of a felony and sentenced to prison—and everything has changed. You are living in York County, Virginia, and you want to move forward. You need to understand whether a divorce is possible, how quickly it can happen, and what it means for your custody rights and your finances. Mr. Sris and his Of Counsel handle these difficult family law matters. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss your situation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Understanding Your Legal Options After a Spouse’s Felony Conviction
Virginia law recognizes a spouse’s felony conviction and incarceration as a fault‑based ground for divorce. You are not required to wait out a separation period when your spouse has been convicted of a felony and sentenced to more than one year in prison. Mr. Sris and his Of Counsel can help you file a divorce complaint in the York County Circuit Court and pursue a swift resolution. The legal strategy often focuses on protecting your parental rights, securing a fair division of marital property, and obtaining appropriate spousal and child support.
For many clients, a felony‑conviction divorce also raises questions about custody. A parent’s incarceration can significantly affect a child’s best interests, and the court will consider that factor when deciding custody and visitation. Mr. Sris, a former prosecutor, understands how criminal convictions intersect with family law and how to build a case that safeguards your children’s well‑being.
Under Va. Code § 20‑91(3), a spouse who has been convicted of a felony and sentenced to confinement for more than one year may be divorced immediately—without any waiting period.
Source: Va. Code § 20‑91(3). Va. Code § 20‑91
Reviewed by Mr. Sris, admitted in VA, MD, DC, NJ, and NY.
What to Expect in a Felony Conviction Divorce in York County
All divorce cases in York County—including those based on a spouse’s felony conviction—are filed in the York County Circuit Court. The same court also handles equitable distribution of marital property and spousal support. If you need immediate relief while the divorce is pending, your attorney can ask the court for a pendente lite order addressing temporary custody, support, and use of the family home. Mr. Sris and his Of Counsel handle all aspects of the process so you can focus on rebuilding your life.
Because the felony‑conviction ground does not require a separation period, the timeline is often shorter than in a no‑fault divorce. After filing the complaint and serving your incarcerated spouse, the court can schedule a hearing. The exact schedule depends on the court’s calendar and whether any issues—such as property valuation or custody disputes—remain contested. Your attorney will guide you through each step and help you present a clear case to the judge.
How a Felony Conviction Impacts the Divorce
Beyond eliminating the separation requirement, a felony conviction can influence several areas of your case. A parent’s incarceration is a factor the court must weigh when determining the best interests of the child, and it can lead to a grant of sole custody to the non‑incarcerated parent. In equitable distribution, the court considers the circumstances that contributed to the dissolution of the marriage—including criminal conduct—when dividing marital assets. Mr. Sris and his Of Counsel help you understand how these principles apply to your specific situation.
For a deeper statutory analysis, see our comprehensive review at srislawyer.com.
Experienced Counsel for York County Families
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he brings firsthand knowledge of the criminal‑justice system to every family law case. He and his Of Counsel—attorneys with extensive litigation experience—work collaboratively to handle matters involving a spouse’s felony conviction. Over 120 years of combined legal experience between Mr. Sris and his Of Counsel and 4,739+ documented firm-wide results inform each strategy. Results may vary.
Frequently Asked Questions
Can I get a divorce if my spouse is convicted of a felony in Virginia?
Yes, a felony conviction that results in a prison sentence of more than one year is a fault‑based ground for divorce in Virginia. Unlike a no‑fault divorce, you do not need to be separated for any period before filing. The divorce complaint is filed in the Circuit Court; Mr. Sris and his Of Counsel can guide you through the process and address any related custody or property issues.
Do I have to wait for a separation period after a spouse’s felony conviction?
No, the felony‑conviction ground eliminates the separation requirement that applies to no‑fault divorces. You may file for divorce as soon as your spouse has been convicted and sentenced to more than one year in prison. The court can hear your case without the six‑month or one‑year separation period that normally governs under Virginia Code § 20‑91(9).
How does a parent’s incarceration affect child custody in York County?
The court must decide custody based on the best interests of the child, and a parent’s incarceration is a factor it will consider. The judge evaluates the parent‑child relationship, the incarcerated parent’s ability to maintain contact, and the effect of the separation on the child. Mr. Sris and his Of Counsel can advocate for a custody arrangement that protects your child’s stability.
Will a felony conviction change how property is divided in the divorce?
The court may consider the felony conviction as one of the circumstances that led to the breakdown of the marriage, which can influence equitable distribution. Virginia divides marital property fairly but not necessarily equally. Your attorney can present evidence about the conviction and its financial impact to seek a favorable division of assets.
What if the conviction happened in another state?
A felony conviction from any jurisdiction can serve as a ground for divorce in Virginia if the sentence exceeds one year. The key requirement is the conviction and the length of the prison term. Mr. Sris and his Of Counsel can help you gather the certified records and use them in your York County divorce case.
How long does a felony‑conviction divorce take in York County?
The timeline varies depending on whether custody, support, or property issues are contested, but it is generally shorter than a no‑fault divorce because no separation period is required. Once the complaint is filed and your spouse is served, the court schedules a hearing. Your attorney works to move the case forward efficiently while protecting your rights.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Speak with a Felony Conviction Divorce Attorney Serving York County
If your spouse has been convicted of a felony and imprisoned, you have the right to seek a divorce now—without waiting. Mr. Sris and his Of Counsel are ready to help you navigate the process, protect your interests, and move toward a new chapter. Call (888) 437‑7747 to request a consultation. Evening and weekend appointments are available.
Our Richmond location serves York County clients:
7400 Beaufont Springs Drive, Suite 300, Room 395
Richmond, VA 23225
(804) 201‑9009 | Toll‑free (888) 437‑7747
By appointment only. Call to schedule.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.