Felony Conviction Divorce Lawyer Colonial Heights, VA

In Virginia, a spouse’s felony conviction can serve as a fault-based ground for divorce. Under Va. Code § 20‑91(3), if a spouse has been sentenced to confinement for more than one year for a felony, the innocent spouse may file for divorce without waiting for a separation period. This statutory provision reflects the public policy that a long‑term incarceration fundamentally alters the marital relationship. Colonial Heights Circuit Court, located at 550 Boulevard, has exclusive original jurisdiction over all divorce actions in Colonial Heights, including those grounded in a felony conviction. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., concentrates on Virginia family law matters and can explain how a felony‑conviction divorce affects property division, support, and custody. For a confidential discussion of your case, you can reach our firm at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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How a Felony Conviction Affects Divorce in Virginia

Virginia is an equitable distribution state under Va. Code § 20‑107.3, which means marital property is divided fairly but not necessarily equally. When a divorce is based on a spouse’s felony conviction and long‑term incarceration, several practical consequences arise: the financial support the incarcerated spouse provided may cease, retirement assets and joint accounts become harder to access, and the family residence may need to be sold or refinanced. The court at 550 Boulevard will evaluate the marital estate, including any assets that may be managed by a power of attorney because the incarcerated spouse cannot personally attend hearings.

Child custody and visitation also raise unique concerns when one parent is incarcerated. The best interests of the child standard under Va. Code § 20‑124.3 governs, and a court must consider the incarcerated parent’s ability to maintain a relationship with the child and the practical realities of the conviction. Mr. Sris and his Of Counsel team can present evidence so the court has a full picture of the family’s circumstances. Cases initiated under the felony‑conviction ground proceed in the Colonial Heights Circuit Court for the divorce itself; support and custody issues may be heard in the Juvenile and Domestic Relations District Court. We appear in both courts and work toward outcomes that protect the financial and parental rights of the non‑incarcerated spouse.

Colonial Heights General District Court is currently presided over by Hon. Matthew Donald Nelson. Court hours: Mon-Fri 8:00AM-4:00PM. Counsel appearing on family law matters should plan filings accordingly.

Frequently Asked Questions

What is a felony conviction divorce in Virginia?

A felony conviction divorce is a fault‑based divorce filed by an innocent spouse when the other spouse has been sentenced to confinement for more than one year for a felony. Under Va. Code § 20‑91(3), this ground does not require a separation period. The innocent spouse may file as soon as the conviction and sentence are finalized. The Colonial Heights Circuit Court hears these matters at 550 Boulevard. Mr. Sris can explain how different felony offenses may affect the division of marital assets.

How long does a felony conviction divorce take in Colonial Heights?

The timeline varies, but uncontested felony‑conviction divorces may be finalized in a few months once the defendant is served, while contested cases can take nine months or more. Service of process on an incarcerated spouse in a Virginia Department of Corrections facility follows specific procedures. Court scheduling at Colonial Heights Circuit Court also affects timing. Our firm can give you a realistic estimate after reviewing the specifics of the conviction and the financial issues in the marriage.

Do I need a lawyer for a felony conviction divorce in Colonial Heights?

While you may represent yourself, an experienced family law attorney is essential when a felony conviction is the ground because of the complex property, custody, and service‑of‑process issues involved. The incarcerated spouse’s inability to appear in person may require alternative arrangements for testimony and document exchange. Mr. Sris and his Of Counsel have extensive experience with Virginia Circuit Court procedures and can help you navigate the process.

How does a felony conviction affect property division in Virginia?

Virginia’s equitable distribution statute does not automatically penalize the incarcerated spouse, but the court may consider the circumstances of the felony in dividing marital assets. One of the 11 factors under Va. Code § 20‑107.3 is “the circumstances and factors that contributed to the dissolution of the marriage.” A spouse’s criminal conduct and prolonged absence from the household are relevant. Mr. Sris can present a thorough picture of how the conviction has impacted the family finances.

Can I get a divorce in Colonial Heights if my spouse is in prison out of state?

Yes, as long as you meet Virginia’s six‑month domiciliary residency requirement under Va. Code § 20‑97. You may file in Colonial Heights Circuit Court, and service must be effected on the incarcerated spouse wherever he or she is confined. Service of process on an out‑of‑state prisoner may require coordination with correctional officials or a private process server. Our firm can manage these logistics.

What happens to child custody when one parent is convicted of a felony?

Custody is always determined by the best interests of the child under Va. Code § 20‑124.3, and a felony conviction alone does not strip a parent of custodial rights. However, the court will examine the nature of the crime, the length of the sentence, and the child’s relationship with the incarcerated parent. Visitation may be limited or suspended if contact would endanger the child. Mr. Sris can advocate for an arrangement that protects your child’s well‑being.

Will I be responsible for my spouse’s criminal restitution or fines?

Generally, a criminal restitution order binds only the convicted spouse; the innocent spouse is not personally liable for fines or restitution. However, restitution obligations may affect the division of marital debt or the available assets for support. The court may consider the convicted spouse’s financial obligations when determining spousal support. This is a point that calls for careful presentation of the marital balance sheet.

How much does a felony conviction divorce cost in Colonial Heights?

The costs depend on whether the divorce is contested and the complexity of property and custody issues. The filing fee for a divorce complaint at the Colonial Heights Circuit Court is set by the court, with an additional sheriff service fee of about $12. Private process service, if needed, may cost $50‑$100. Attorney fees vary based on the time required. You can reach our firm at (888) 437‑7747 to request a consultation.

Can a felony conviction divorce be filed without the incarcerated spouse’s agreement?

Yes, a divorce based on a felony conviction is a fault ground and does not require the consent of the incarcerated spouse. The court will grant the divorce after proper service and a hearing where the grounds are proved. Uncontested elements, such as a property settlement agreement, can streamline the process. Mr. Sris can help you evaluate whether the incarcerated spouse is likely to participate or contest the action.

How does a felony conviction affect spousal support in Virginia?

Spousal support, or alimony, is not automatically denied because one spouse is incarcerated, but the court will consider the convicted spouse’s earning capacity and the impact of the crime on the requesting spouse. The statutory factors under Va. Code § 20‑107.1 include the duration of the marriage, the standard of living, and the relative contributions of each party. Our firm can analyze your support claim in light of the felony and its financial fallout.

What if I want to reconcile after the conviction?

Virginia law permits you to dismiss a divorce action at any time before a final decree is entered, so reconciliation with a convicted spouse is possible if you choose not to proceed. However, if you have already established the felony conviction ground and wish to pause the case, you should discuss the procedural steps with your attorney. Our firm can advise you on the consequences of dismissal versus pursuing the divorce.

Is there a residency requirement to file for divorce in Colonial Heights?

Yes, one spouse must have been a domiciliary and actual resident of Virginia for at least six months before filing under Va. Code § 20‑97. If you have lived in Colonial Heights or another Virginia community for the required period, you may file in Colonial Heights Circuit Court. Our firm can confirm your eligibility at a consultation.

About Mr. Sris and His Of Counsel

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He concentrates on family law matters, including divorces based on felony conviction, and has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris works alongside a team of Of Counsel; together they bring over 120 years of combined legal experience, backed by over 4,739 documented firm-wide results. Results may vary. Mr. Sris and his Of Counsel appear in Colonial Heights Circuit Court and the Juvenile and Domestic Relations District Court regularly.

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Last reviewed: June 2026

Primary Sources:
Virginia Code Title 20 (Domestic Relations) ·
Virginia Judicial System ·
Colonial Heights Circuit Court

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