Felony Conviction Divorce Lawyer Virginia Beach, VA
If your spouse has been convicted of a felony and is now incarcerated, you may be considering divorce as a way to move forward. Under Virginia law, a felony conviction that results in imprisonment for more than one year serves as a fault-based ground for divorce. This means the court may grant a divorce without the lengthy separation periods required in no-fault cases, and the conviction can affect how property is divided, spousal support is determined, and custody is arranged. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel represent individuals in Virginia Beach and surrounding communities who are seeking a divorce on fault grounds, including felony conviction. Our firm’s Richmond Location serves clients at the Virginia Beach courts, and we are available to discuss your situation and help you understand your options. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in Virginia Beach
In Virginia, a spouse’s felony conviction with imprisonment for more than one year is a fault ground for divorce under Va. Code § 20-91.
Source: Va. Code § 20-91. Virginia Code Title 20, Chapter 6
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Virginia’s divorce statutes provide several fault-based grounds, and a felony conviction that results in confinement for over a year is one of them. This ground does not automatically end the marriage; the innocent spouse must file a Complaint for divorce in the Circuit Court. In Virginia Beach, all divorce and equitable distribution matters are heard at the Virginia Beach City Circuit Court, located at 2425 Nimmo Parkway, Building 10B, Virginia Beach, VA 23456. Issues such as child custody, visitation, and child support that arise before a final divorce may be handled in the Virginia Beach Juvenile and Domestic Relations District Court. Understanding which court addresses each part of your case is essential, and an experienced family law attorney can guide you through that process.
Because a felony conviction is a fault ground, you may not need to wait through the one-year or six-month separation periods required under the no-fault provisions. The conviction also can influence equitable distribution of marital property and debts, spousal support, and parenting arrangements. A court will still evaluate all relevant factors—including the nature of the crime, the length of incarceration, and the impact on the family—before issuing orders that serve the best interests of any children and a fair division of assets. Working with an attorney who understands both the statutory framework and the local Virginia Beach court system can help you present your case clearly and pursue the outcomes you seek.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When you reach Law Offices Of SRIS, P.C., you will first speak with our team about the details of your marriage, your spouse’s criminal case, and your goals for the divorce. We will review whether the felony conviction meets the statutory requirements of Va. Code § 20-91 and confirm that Virginia has jurisdiction (at least one party must have been a resident and domiciliary of Virginia for six months before filing). From there, we prepare and file the necessary documents with the Virginia Beach Circuit Court and handle service of process—which may involve specific procedures when the incarcerated spouse is in a state or federal facility.
Because your spouse’s incarceration can complicate financial disclosure, property division, and custody decisions, our approach is to build a thorough record. We may request pendente lite relief—temporary orders for child support, spousal support, or exclusive use of the family residence—while the divorce is pending. Throughout the case, we work to identify and value marital assets and debts, address any retirement or pension accounts, and negotiate or litigate an equitable distribution that reflects the contributions of both parties. We also address custody and visitation plans that protect the children’s well-being given the circumstances. Every case moves at its own pace depending on the court’s calendar and the complexity of the issues involved, but our firm focuses on keeping the process moving as efficiently as possible while protecting your legal interests.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is a former prosecutor whose trial experience informs his approach to family law matters, including contested divorces involving difficult facts such as a spouse’s incarceration. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), and he brings that same attention to statutory detail to every client’s case. 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.
The Of Counsel team at the firm includes attorneys with backgrounds in criminal prosecution, law enforcement, and complex litigation. While Mr. Sris leads the family law practice, his Of Counsel contribute extensive experience in navigating the intersection of criminal records and divorce, handling high-conflict custody disputes, and managing property division in unusual circumstances. Together, they provide a coordinated, resourceful approach that considers both the immediate divorce issues and the long-term consequences for your family.
Frequently Asked Questions
How does a felony conviction affect divorce in Virginia?
A spouse’s felony conviction resulting in imprisonment for more than one year is a fault ground for divorce under Va. Code § 20-91. This means the innocent spouse may file for divorce without waiting the full separation period otherwise required for a no‑fault divorce. The conviction can also influence equitable distribution, spousal support, and custody. The court weighs all statutory factors, including the nature of the crime and its impact on the family, before issuing orders.
Can I get a divorce immediately if my spouse is convicted of a felony?
You may be able to file for divorce as soon as the conviction and sentence are final, but the case itself still follows court scheduling. The fault ground removes the separation‑period requirement, so you do not need to live apart for a year before filing. However, the timeline from filing to a final decree depends on the Virginia Beach Circuit Court’s calendar, the complexity of property and custody issues, and whether any defenses are raised. Your attorney can give you a better understanding after reviewing your situation.
What happens to child custody when one parent is incarcerated in Virginia?
A court will determine custody based on the best interests of the child, and a parent’s incarceration is a significant factor. Under Va. Code § 20‑124.3, the judge considers the relationship between the child and each parent, each parent’s ability to meet the child’s needs, and any history of family abuse. Incarceration alone does not automatically terminate parental rights, but it will heavily influence visitation and decision‑making authority. The Virginia Beach Juvenile and Domestic Relations District Court may address temporary custody while the divorce is pending.
How is property divided when a spouse is in prison?
Virginia follows equitable distribution, which requires a fair—not necessarily equal—division of marital property. The court applies the eleven factors in Va. Code § 20‑107.3, considering each spouse’s contributions, the length of the marriage, and the circumstances that led to the divorce. A spouse’s incarceration may reduce their ability to contribute to the marriage or to future earning capacity, which can affect property awards and spousal support. Complex assets, such as retirement accounts or a business, may require valuation by forensic accountants.
Do I need a lawyer for a felony conviction divorce in Virginia Beach?
You are not legally required to hire a lawyer, but an experienced family law attorney can help you navigate the specific statutory requirements and court procedures. Proving the fault ground, addressing service of process on an incarcerated spouse, and protecting your financial and parental rights are tasks that benefit from legal guidance. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel handle these matters for clients in Virginia Beach. To discuss your case, call (888) 437-7747.
For additional guidance tailored to your circumstances, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related Pages: Fairfax County Divorce Lawyer · Fairfax City Divorce Lawyer · Prince William County Divorce Lawyer · Manassas Divorce Lawyer · Falls Church Divorce Lawyer
Authoritative sources: Virginia Code Title 20 – Domestic Relations · Virginia Beach Circuit Court · SCC Business Filings
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