Felony Conviction Divorce Lawyer Colonial Heights, VA
If your spouse has been convicted of a felony and is serving a sentence of more than one year, Virginia law gives you the option to file for a divorce immediately — without the usual waiting periods required in no‑fault cases. The ground is set out in Va. Code § 20‑91(3), which permits a divorce when one party has been convicted of a felony, sentenced to confinement for more than one year, and actually confined, provided cohabitation has not been restored after knowledge of the confinement. Law Offices Of SRIS, P.C. Concentrates its family law practice in the Colonial Heights area, helping clients navigate fault‑based divorce actions in the Colonial Heights Circuit Court. Mr. Sris and his Of Counsel team bring over 120 years of combined legal experience, supported by 4,739+ documented firm-wide results, to these matters. Results may vary. For guidance on your situation, reach our Richmond location or call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in Colonial Heights
Virginia law recognizes both fault‑based and no‑fault divorce. The no‑fault path ordinarily requires a six‑month or one‑year separation period before a court can enter a final decree. By contrast, the felony‑conviction ground under Va. Code § 20‑91(3) allows a spouse whose husband or wife has been convicted and incarcerated for more than one year to proceed immediately — the waiting period does not apply. The underlying policy is that a lengthy prison sentence fundamentally alters the marital relationship and the supporting spouse should not be forced to wait.
In Colonial Heights, divorce matters are heard in the Colonial Heights Circuit Court, located at 550 Boulevard, Colonial Heights, VA 23834. Standalone custody, visitation, child‑support, and protective‑order matters are handled by the Colonial Heights Juvenile and Domestic Relations Court. When the divorce complaint includes requests for custody, support, or property division, the Circuit Court addresses all issues together. Mr. Sris and his Of Counsel regularly appear in these courts and are familiar with local procedures, judicial expectations, and the practical considerations that arise when one spouse is incarcerated.
The Colonial Heights courts are part of the Twelfth Judicial District. The area is served by major highways including I‑95, I‑295, Route 1, and Route 144 (Temple Avenue), making the courthouse accessible from surrounding communities such as Petersburg, Chester, and southern Richmond. Our Richmond location, at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, serves clients with matters at the Colonial Heights courts. Appointments are by appointment; call (888) 437‑7747 to schedule.
Colonial Heights General District Court is currently presided over by Hon. Matthew Donald Nelson. Court hours: Mon‑Fri 8:00 AM‑4:00 PM. Counsel appearing on family law matters should plan filings accordingly.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
Using the felony‑conviction ground requires more than simply pointing to a conviction. The complaint must plead and later prove the conviction, the sentence of more than one year, the actual confinement, and the fact that the spouses have not resumed cohabitation after the filing spouse learned of the confinement. A thorough understanding of the Virginia Rules of Evidence and local Circuit Court practice is essential. Mr. Sris and his Of Counsel approach every case by building a clear, well‑supported record for the court.
The process typically begins with a detailed consultation to verify that the statutory requirements are met. If the incarcerated spouse is expected to contest the divorce, the case moves forward as a contested matter with discovery and, if necessary, an evidentiary hearing. Even when the divorce itself is not disputed, issues of equitable distribution, spousal support, and child custody often require careful attention. Because one party is incarcerated, practical considerations — such as service of process, participation in hearings, and arranging for testimony — need to be managed strategically.
Virginia is an equitable‑distribution state. Under Va. Code § 20‑107.3, marital property is divided fairly but not necessarily equally. The court considers 11 statutory factors, including the duration of the marriage, contributions of each spouse, and the circumstances that led to the dissolution. A felony conviction does not automatically bar the incarcerated spouse from receiving a share of marital property, but the court may weigh the conviction and its financial consequences when determining a fair division. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised part of the equitable‑distribution statute, and he brings that depth of knowledge to every property‑division matter.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he has been practicing since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He keeps a manageable caseload so that he can remain closely involved in each matter. For felony‑conviction divorce cases, he draws on decades of experience handling contested family law issues in Virginia courts.
Mr. Sris works alongside a team of Of Counsel attorneys who concentrate in family law, criminal defense, and related practice areas. The collective experience of Mr. Sris and his Of Counsel exceeds 120 years, supported by 4,739+ documented firm-wide results. Results may vary. Every case receives focused attention, with strategy tailored to the specific facts and the local court in which the matter is pending.
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 dissolve the marriage without a waiting period when the other spouse has been convicted of a felony and sentenced to more than one year in prison. Under Va. Code § 20‑91(3), the ground is available if the convicted spouse has actually been confined and the parties have not resumed cohabitation after the filing spouse learned of the confinement. This ground does not require proof of marital misconduct beyond the conviction and confinement.
How do I file for divorce using the felony conviction ground in Colonial Heights?
You begin by filing a Complaint for Divorce in the Colonial Heights Circuit Court, stating the conviction, the sentence, the confinement, and the absence of cohabitation. The complaint must be served on your spouse, which can be more complicated when the spouse is in a correctional facility. Mr. Sris and his Of Counsel manage service and all procedural requirements. After filing, if the matter is uncontested, a corroborating witness must appear at the final hearing to confirm the facts.
Does a felony conviction affect child custody in Colonial Heights?
A felony conviction may influence custody decisions, but it does not automatically deprive a parent of custody or visitation. The Colonial Heights Circuit Court decides custody based on the best interests of the child under Va. Code § 20‑124.3, weighing ten factors that include the parent’s ability to care for the child, any history of abuse, and the child’s relationships. A parent’s incarceration is a practical obstacle to having physical custody, but legal custody and visitation can be structured to maintain the parent‑child relationship.
Can I get spousal support if my spouse is in prison?
A court can award spousal support even when the paying spouse is incarcerated, although the ability to pay may be limited. Virginia courts look at the 13 factors in Va. Code § 20‑107.1, including the earning capacity of each party and the standard of living during the marriage. If the incarcerated spouse has assets or income, a support order may be entered. Otherwise, a reservation of support may be granted so that the issue can be revisited after release.
What if my spouse’s conviction is overturned on appeal?
If the conviction is reversed on appeal and no further confinement results, the felony‑conviction ground may be invalidated because a key element of the statute is missing. The divorce decree would not automatically be set aside, but the former spouse could challenge it. Mr. Sris and his Of Counsel monitor the status of the conviction throughout the case and advise clients on how to proceed if an appeal is pending.
Where can I find a felony conviction divorce lawyer near Colonial Heights?
Mr. Sris and his Of Counsel serve clients with felony‑conviction divorce matters through the firm’s Richmond location, minutes from the Colonial Heights courthouse. Contact Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation. The firm also handles related custody, support, and property‑division issues that frequently accompany a divorce filed on this ground.
For further reading, see our Fairfax County family law page, Fairfax City family law page, Falls Church family law page, Prince William County family law page, and Manassas family law page.
Primary legal sources: Va. Code § 20‑91 (divorce grounds) · Va. Code § 20‑107.3 (equitable distribution) · Virginia’s Judicial System
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