Felony Conviction Divorce Lawyer New Kent County, VA
If your spouse has been convicted of a felony and sentenced to more than one year of confinement, you may have grounds to end your marriage without waiting through a lengthy separation period. Law Offices Of SRIS, P.C. represents spouses who are seeking a divorce based on the other spouse’s felony conviction and imprisonment in Virginia. Mr. Sris and his Of Counsel team work with clients in New Kent County and throughout the 9th Judicial District to pursue a fault‑based divorce under Va. Code § 20‑91(3). Our Richmond location serves clients at the New Kent County Circuit Court, located at 12001 Courthouse Circle, New Kent, VA 23124. When a felony conviction has brought your marriage to a breaking point, you deserve clear information and a path forward. For a consultation about your circumstances, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in New Kent County
Virginia law allows a spouse to file for an absolute divorce immediately when the other spouse has been convicted of a felony, sentenced to confinement for more than one year, and actually confined after that conviction. Unlike a no‑fault divorce, which requires a six‑month or one‑year separation, a felony conviction divorce is a fault ground. The complaining spouse does not need to wait for a separation period or the other spouse’s consent. If cohabitation has not been resumed after the spouse learned of the confinement, the divorce can proceed. This ground is codified at Va. Code § 20‑91(3).
In New Kent County, the Circuit Court has exclusive original jurisdiction over divorce matters. Mr. Sris and his Of Counsel are familiar with the filing procedures and local practice before the court. Cases involving an incarcerated spouse can raise practical questions about service of process and the other spouse’s participation. We help clients understand how to properly serve the complaint on the incarcerated spouse, whether through the sheriff’s office, a private process server, or other authorized means. The court’s calendar and the unique facts of each case shape the timeline; we work to move the matter forward efficiently while protecting the client’s interests in property division, spousal support, and any issues involving children.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
A felony conviction divorce often involves distinctive challenges. The incarcerated spouse may be unable or unwilling to respond, which can lead to a default judgment, or may contest the divorce from prison. Mr. Sris and his Of Counsel evaluate whether all elements of the ground are satisfied—conviction, sentence length, actual confinement, and no resumption of cohabitation—and prepare the necessary pleadings. The complaint must allege the specific facts supporting the ground and be verified or supported by a corroborating witness.
Beyond dissolving the marriage, the case may require addressing equitable distribution of marital property under Va. Code § 20‑107.3, spousal support, and, if there are minor children, custody and child support. Because the incarcerated spouse’s financial situation and future earning capacity may be significantly affected, the court considers those realities when making determinations about support and property division. Mr. Sris and his Of Counsel help clients present a clear picture of the marital estate and advocate for a fair resolution. Throughout the process, we explain the steps, gather documentation, and work toward a final decree that addresses all outstanding issues.
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 founding the firm in 1997. A former prosecutor, he brings trial experience that informs the strategic handling of divorce cases—including those where a spouse’s criminal conduct is central to the proceeding. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to family law matters. Results may vary. The firm’s Richmond location serves communities throughout New Kent County, including New Kent, Providence Forge, and Quinton. Across all practice areas, Mr. Sris and his Of Counsel have documented 4,739+ case results since 1997. Results may vary. For clients in New Kent County, the firm has achieved favorable outcomes in the matters it has handled there. Discover how a Virginia family law lawyer can help you approach your case at New Kent County General District Court with the knowledge needed to manage each step.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault‑based divorce that allows a spouse to end the marriage without a separation period when the other spouse has been convicted of a felony, sentenced to more than one year of confinement, and is actually incarcerated. The ground is found at Va. Code § 20‑91(3). It requires proof of the conviction, the sentence, and the confinement, as well as evidence that the parties did not resume cohabitation after the filing spouse learned of the confinement. Because it is a fault ground, it can proceed immediately upon filing the complaint in the Circuit Court.
Does a felony conviction divorce require a waiting period in Virginia?
No waiting period is required for a divorce based on a spouse’s felony conviction and imprisonment. Unlike a no‑fault divorce, which demands a six‑month or one‑year separation, the fault ground in Va. Code § 20‑91(3) is available as soon as the other spouse has been sentenced to confinement for more than one year and is actually confined. The divorce can be filed as soon as those conditions are met, assuming the jurisdictional requirements—such as the six‑month residency rule—are satisfied.
How does a spouse’s felony conviction affect property division in a Virginia divorce?
A felony conviction does not automatically forfeit the incarcerated spouse’s share of marital property, but the court may consider the circumstances of the conviction and the confinement when dividing assets and debts. Virginia applies equitable distribution under Va. Code § 20‑107.3. The court weighs 11 statutory factors, including the duration of the marriage, each party’s contributions, and the causes of the dissolution. A felony conviction that resulted in long‑term incarceration may affect the spouse’s ability to contribute to future property support or to earn income, which can influence how the court divides the marital estate.
Can I get a divorce if my spouse is incarcerated in another state but the conviction occurred in Virginia?
Yes, you may still file for divorce in Virginia on the ground of felony conviction, provided the jurisdictional requirements are met. If you have been a resident of Virginia for at least six months before filing, the Circuit Court in the county where you live—or where the incarcerated spouse last resided—may have jurisdiction. The fact that the spouse is incarcerated out‑of‑state can complicate service of process, but alternative methods may be available. Mr. Sris and his Of Counsel can evaluate your specific situation and advise on the proper venue and service strategy.
What should I bring to a consultation about a felony conviction divorce?
Bring records that confirm the conviction and sentence, such as the sentencing order or a certified copy of the conviction, along with any marriage certificate, prior separation agreements, and documents showing marital assets and debts. Information about the incarcerated spouse’s confinement location and the case number of the criminal matter is also helpful. The more documentation you can provide, the more efficiently Mr. Sris and his Of Counsel can assess whether the ground is met and outline the next steps.
For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
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