Felony Conviction Divorce Lawyer Virginia Beach, VA
Virginia law allows a spouse to file for divorce when the other spouse has been convicted of a felony, sentenced to confinement for more than one year, and is actually serving that confinement—provided the spouses have not resumed cohabitation after the filing spouse learned of the conviction. Law Offices Of SRIS, P.C. represents clients throughout Virginia Beach, Sandbridge, and Oceana in divorce proceedings grounded on a felony conviction. Mr. Sris, Owner and Founder of the firm, and his Of Counsel team help clients evaluate whether the felony-conviction ground applies to their situation and guide them through the filing process at the Virginia Beach Circuit Court. To request a consultation about a felony-conviction divorce in Virginia Beach, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in Virginia Beach
Virginia Beach Circuit Court hears all divorce cases filed by residents of the city, including those that rely on the felony-conviction fault ground under Va. Code § 20-91(3). That statute sets out three requirements: the defendant spouse must have been convicted of a felony; the sentence must include confinement for more than one year; and the spouse must actually be confined as a result of that conviction. Additionally, cohabitation between the spouses must not have resumed after the filing spouse learned of the confinement. If those elements are met, the court may grant a divorce based on the felony conviction as a fault ground.
The city’s location within Hampton Roads—encompassing the Virginia Beach oceanfront, Town Center, and neighborhoods like Sandbridge—means the Circuit Court at 2425 Nimmo Parkway, Building 10B, serves a diverse population, including military families connected to Naval Air Station Oceana and other installations. While military service does not change the statutory requirements for a felony-conviction divorce, cases involving service members may raise additional questions about jurisdiction, support obligations, and division of military retirement benefits. Our Richmond Location works with clients in Virginia Beach regularly and understands how local court procedures interact with the statutory framework.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
A spouse considering divorce on this ground must confirm that the other spouse is currently confined pursuant to a felony conviction with a sentence exceeding one year. Once eligibility is established, the filing spouse—through counsel—prepares a Complaint for divorce and files it with the Virginia Beach Circuit Court. The Complaint must plead the felony-conviction ground specifically and include allegations that cohabitation has not resumed after knowledge of the confinement. Proper service on the incarcerated spouse is required, which may involve coordination with the correctional facility.
Because a felony-conviction divorce often intersects with child custody, child support, and equitable distribution of marital property, Mr. Sris and his Of Counsel address the full scope of the family law matter. The Juvenile and Domestic Relations District Court handles standalone custody and support issues, but within the divorce case the Circuit Court has authority to resolve all related issues. Our team works to develop a settlement or, if necessary, to present the matter at trial, focusing on achieving a resolution that protects the client’s rights and addresses the implications of the spouse’s incarceration. The timeline for reaching a final decree depends on court scheduling, the complexity of ancillary issues, and whether the matter is contested.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law in Virginia since he founded the firm in 1997. He is a former prosecutor who applies an analytical, evidence-focused approach to every case. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team includes attorneys with extensive experience in Virginia family law, criminal defense, and litigation. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. The firm has documented 4,739+ case results across all practice areas since 1997.
Frequently Asked Questions
What are the statutory requirements for a felony-conviction divorce in Virginia?
A divorce may be granted on the ground of felony conviction when the defendant spouse has been convicted of a felony, sentenced to confinement for more than one year, and is confined as a result of that conviction. The filing spouse must also show that cohabitation has not been resumed after learning of the confinement. These elements are set out in Va. Code § 20-91(3). The Virginia Beach Circuit Court evaluates the proof and enters the divorce decree. Meeting the statutory requirements does not require the filing spouse to prove fault beyond the criminal conviction itself—the fact of the felony conviction and confinement serves as the fault basis.
How does a felony conviction affect child custody and support in a Virginia Beach divorce?
A parent’s felony conviction and incarceration are factors the court considers when deciding custody and visitation under the trusted-interests standard in Va. Code § 20-124.3. The court will examine the nature of the offense, the length of confinement, the parent’s relationship with the child, and whether the conviction involved harm to the child. Incarceration may also affect child support because the incarcerated parent’s ability to pay is diminished, but support obligations are not automatically suspended. The Juvenile and Domestic Relations District Court may enter temporary orders while the divorce is pending.
Can a convicted spouse contest the divorce on felony-conviction grounds?
The convicted spouse can appear in the divorce matter, but the statutory ground does not require the convicted spouse’s consent or admission of fault. Because the ground is based on the existence of a felony conviction and confinement, the filing spouse need only prove those facts. If the convicted spouse challenges the existence of the conviction, the length of the sentence, or whether confinement is ongoing, the court resolves the dispute based on evidence. If the convicted spouse claims that cohabitation has resumed, that becomes a disputed factual issue. An experienced attorney can advise on the trusted strategy for responding to or presenting the case.
How does equitable distribution work when a spouse is incarcerated?
Virginia is an equitable distribution state under Va. Code § 20-107.3, meaning marital property is divided fairly—not necessarily equally—based on statutory factors. The incarceration of one spouse can influence several factors, including the spouse’s ability to earn income, financial contributions during the marriage, and the circumstances that led to the dissolution. The court values and divides assets such as real estate, bank accounts, retirement funds, and personal property. Even if a spouse is incarcerated, that spouse retains the right to claim a share of marital property, and the court ensures the division complies with the statute.
What should I bring to a consultation about a felony-conviction divorce in Virginia Beach?
Bring documentation confirming the spouse’s conviction—such as a sentencing order or judgment—and any records showing the facility where the spouse is confined and the expected release date. Also gather financial documents, including tax returns, bank statements, property deeds, retirement account statements, and any prenuptial or separation agreements. If children are involved, bring any existing custody or support orders. The more information you provide, the more tailored the guidance can be. To schedule a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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Official resources: Va. Code § 20-91 · Virginia Beach Circuit Court
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