Felony Conviction Divorce Lawyer Chesterfield County, VA
If you are seeking a divorce in Chesterfield County, Virginia, because your spouse has been convicted of a felony and sentenced to imprisonment for more than one year, you may file on that specific fault ground under Virginia law. Law Offices Of SRIS, P.C. represents spouses who are filing for divorce based on the other spouse’s felony conviction and incarceration. We do not represent the convicted spouse in these proceedings. Our firm concentrates in family law matters throughout Chesterfield County, and Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. For a consultation about filing for divorce on the ground of a spouse’s felony conviction, reach our Richmond location at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Chesterfield County Circuit Court, located at 9500 Courthouse Road, Chesterfield, VA 23832, exercises exclusive original jurisdiction over all suits for divorce in the county, including those based on felony conviction. A divorce on this ground does not require the lengthy separation periods that apply to no-fault filings. Instead, the court may grant the divorce once the felony conviction and imprisonment are proved. Mr. Sris and his Of Counsel team are familiar with the procedural requirements of the Chesterfield County court system and can guide you through each step.
What Felony Conviction Divorce Means in Chesterfield County, Virginia
Virginia Code § 20-91 lists the grounds for absolute divorce, and one of those fault grounds is the conviction of a spouse of a felony, followed by confinement for more than one year. This provision appears at § 20-91(3). Unlike a no-fault divorce, which requires either one year of separation or six months if there are no minor children and the parties have executed a separation agreement, the felony conviction ground does not require any period of separation. The divorce petition can be filed as soon as the conviction and imprisonment are established. In Chesterfield County, the Circuit Court hears these cases; custody, support, and protective order matters may also be addressed in the Chesterfield County Juvenile and Domestic Relations District Court when they are part of the divorce litigation.
For the spouse seeking a divorce on this ground, the process involves filing a Complaint with the Circuit Court, along with supporting documentation that proves the conviction and the sentence. The court will require evidence of the conviction, such as a certified copy of the conviction order, and proof that the incarcerated spouse has been or is serving a term of more than one year. Because Virginia is an equitable distribution state, property division under Va. Code § 20-107.3 proceeds independently of the fault ground, although the circumstances of the marriage dissolution may be considered among the statutory factors. Child custody determinations follow the trusted-interests factors in Va. Code § 20-124.3. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. Spousal support may be addressed under Va. Code § 20-107.1 if applicable. Our firm handles the full range of relief — divorce, property division, custody, and support — in connection with a felony‑conviction divorce.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
Because the felony conviction ground involves a completed criminal case, the divorce proceeding typically does not require proof of additional misconduct beyond the conviction itself. Our attorneys begin by confirming the sentencing details and obtaining the necessary court records from the jurisdiction where the conviction occurred. The Complaint is filed in Chesterfield County Circuit Court, and the incarcerated spouse must be served with process. If the imprisoned spouse is located outside Virginia, service of process follows applicable statutory methods. Once service is complete, the case proceeds toward a final hearing. The court will examine the evidence of the conviction and imprisonment and, if satisfied, may grant the divorce.
Even when the divorce ground appears straightforward, the equitable distribution of property, custody arrangements, and spousal support can involve complex legal and financial issues. Mr. Sris and his Of Counsel team work to protect the filing spouse’s interests in these collateral matters. They prepare for hearings on temporary support and custody pendente lite under Va. Code § 20-103 when needed. The timeline for a felony conviction divorce in Chesterfield County depends on the court’s calendar and the complexity of the financial issues. Our firm does not promise a specific resolution date but works diligently to advance the case through each stage.
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. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His experience includes family law matters such as fault-based divorce, equitable distribution, custody, and support. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with 4,739+ documented firm-wide results. Results may vary. The Of Counsel attorneys collaborate with Mr. Sris on felony conviction divorce matters in Chesterfield County, applying their knowledge of Virginia family law to the particular demands of each case.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
In Virginia, a divorce based on a spouse’s felony conviction that results in imprisonment for more than one year is a fault‑ground divorce under Va. Code § 20‑91(3). This ground allows a spouse to file for divorce without waiting for any separation period once the conviction and sentence are established. The divorce petition must be filed in the Circuit Court of the county where the filing spouse resides, and proof of the conviction and imprisonment must be presented to the court. The statutory ground does not require proof of additional marital fault, such as cruelty or adultery.
Does a felony conviction automatically entitle me to a divorce?
The conviction itself is a sufficient ground, but the court must still find that the statutory requirements are met and may need to resolve related issues like property division and custody. The filing spouse must present admissible evidence of the conviction and sentence, and the court will examine whether the imprisonment meets the more‑than‑one‑year threshold. If the convicted spouse has been released early or the sentence was less than one year, the ground may not apply. Consulting an experienced family law attorney helps ensure the evidence is properly presented.
How long does a felony conviction divorce take in Chesterfield County?
The time from filing to final decree depends on the court’s schedule and the complexity of the financial and custody issues, not on a fixed statutory waiting period. Because the felony conviction ground eliminates the separation requirement, the divorce may be concluded more quickly than a no‑fault case. However, if the incarcerated spouse challenges the divorce or the property division is contested, the case may take longer. The Chesterfield County Circuit Court sets hearings according to its calendar, and the timeline varies.
Do I need to prove the conviction with official documents?
Yes, the court will require certified documentation of the conviction and sentence. Typically this means a certified copy of the sentencing order from the criminal court and proof that the imprisonment exceeds one year. The filing spouse’s attorney can obtain these records. If the conviction occurred in another state or in federal court, the documents must still be authenticated. The court may also permit testimony or other evidence to supplement the record.
What happens to property and custody in a felony conviction divorce?
Property is divided according to Virginia equitable distribution rules under Va. Code § 20‑107.3, and custody is determined by the best interests of the child under Va. Code § 20‑124.3. The felony conviction fault ground may be considered as one factor in equitable distribution, but it does not automatically deprive the convicted spouse of a share of marital property. Custody decisions focus on the child’s welfare, not on the ground for divorce. Because the imprisoned parent may be unable to exercise physical custody, the court will fashion a parenting arrangement that serves the child’s needs.
Can the convicted spouse contest the divorce?
Yes, the convicted spouse has the right to contest the divorce, even while incarcerated. The incarcerated spouse will be served with the Complaint and may file an answer. If the divorce is contested, a trial may be necessary, and the incarcerated spouse will generally be permitted to participate, either by appearing in court or through counsel. Contested proceedings can extend the timeline and require additional preparation. An attorney experienced in felony conviction divorces can advocate for the filing spouse’s position in any contested matter.
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