Felony Conviction Divorce Lawyer New Kent County, VA
Your spouse was convicted of a felony and is now serving a sentence of more than one year. You want to move forward, but you are not sure how to begin the divorce when the other party is incarcerated. Under Virginia law, a felony conviction with imprisonment for more than one year is a fault-based ground for divorce. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. help clients in New Kent County file for divorce on the ground of felony conviction. We navigate the New Kent County Circuit Court, address custody and support matters in the Juvenile and Domestic Relations District Court, and work to achieve a favorable resolution. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in New Kent County
Virginia Code § 20-91 lists a sentencing to confinement for more than one year following a felony conviction as a fault ground for divorce from the bond of matrimony. Unlike the no‑fault separation grounds, this fault ground does not require a waiting period. Once the conviction and sentence meet the statutory threshold, a spouse may file a complaint for divorce immediately. The New Kent County Circuit Court has exclusive jurisdiction over the divorce action, including equitable distribution of marital property and spousal support. The court is located at 12001 Courthouse Circle, New Kent, VA 23124, and handles all divorce matters for the county.
Standalone custody, visitation, child support, and protective‑order proceedings are heard in the New Kent County Juvenile and Domestic Relations District Court, which shares the same courthouse campus. For couples with minor children, the divorce and custody tracks often proceed together. Virginia follows equitable distribution principles under Va. Code § 20‑107.3; the court divides marital property fairly but not necessarily equally after considering eleven statutory factors. The felony conviction and incarceration can influence those factors, particularly when the imprisoned spouse’s contributions to the marriage are limited. Our Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 serves clients throughout New Kent County and the surrounding region.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
We begin by obtaining certified records of the felony conviction and sentence to confirm the imprisonment length exceeds one year. Once the statutory ground is verified, we draft and file the complaint in the New Kent County Circuit Court. Service of process on an incarcerated spouse requires attention to Virginia’s rules and the facility’s procedures; we ensure proper service so the case can move forward without unnecessary delay. If temporary spousal support, child custody, or use of the marital home is needed while the divorce is pending, we request a pendente lite hearing under Va. Code § 20‑103.
For contested matters, Mr. Sris and his Of Counsel present evidence and argument in court, addressing property classification, valuation, and division. We also negotiate separation agreements when amicable resolution is possible. Throughout the process, we explain each step and the court’s schedule so you understand what to expect. The timeline varies by case complexity and the court’s calendar; we work to advance your matter efficiently while protecting your legal and financial interests.
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 practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel team bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
Every non‑Sris attorney is engaged Of Counsel, not as an associate or partner. The team includes litigators with backgrounds in prosecution, law enforcement, and family‑law practice, giving you access to comprehensive knowledge in both the courtroom and the negotiation table.
Law Offices Of SRIS, P.C. has documented 11 case results in New Kent County across all practice areas, with favorable outcomes in all reported instances.
Source: Case results tracked by Law Offices Of SRIS, P.C. Since 1997. Case results page
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Results may vary.
Frequently Asked Questions
Can I divorce my spouse if they are in prison for a felony in Virginia?
Yes, a felony conviction with a sentence of confinement of more than one year is a fault ground for divorce under Va. Code § 20‑91. No separation period is required, and you may file the complaint immediately after the conviction and sentence meet the statutory threshold. The divorce will proceed in the Circuit Court where the complaint is filed.
What court handles a felony‑conviction divorce in New Kent County?
The New Kent County Circuit Court has exclusive jurisdiction over the divorce action, including property division and spousal support. Custody, visitation, child support, and protective‑order issues are heard in the New Kent County Juvenile and Domestic Relations District Court. Both courts operate at 12001 Courthouse Circle, New Kent, VA 23124.
Does the incarcerated spouse have to agree to the divorce?
No, you can proceed on the fault ground without the incarcerated spouse’s consent. Proper service of process on the spouse in prison is required, and our firm handles that procedure. If the spouse fails to respond, the court can enter a default judgment after the statutory notice period.
How does the court divide property when one spouse is incarcerated?
Virginia follows equitable distribution under Va. Code § 20‑107.3, dividing marital property fairly based on eleven factors. The court may consider the length of the marriage, each spouse’s contributions, and the circumstances experienced to the dissolution, including incarceration. Separate property acquired before the marriage or by gift or inheritance remains with the original owner.
What happens to child custody and support when a parent is in prison?
Custody is decided based on the best interests of the child under Va. Code § 20‑124.3, and a parent’s incarceration is one factor the court may weigh. The court will typically award custody to the non‑incarcerated parent, but visitation may be arranged after release. Child support is calculated using the Virginia guidelines, though the incarcerated parent’s income may limit the amount currently collectable. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction.
Do I need a lawyer for a felony‑conviction divorce in New Kent County?
You are not legally required to hire a lawyer, but experienced guidance helps ensure the complaint is properly drafted, the incarcerated spouse is correctly served, and your rights to property and support are protected. For help with your specific situation, call Law Offices Of SRIS, P.C. at (888) 437‑7747 to schedule a consultation.
More family law resources:
Henrico County family law attorney •
Richmond family law representation •
Chesterfield County divorce lawyer •
Hanover County family law help
Official primary sources:
Virginia Code Title 20 (Domestic Relations) •
New Kent County Circuit Court •
Virginia Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome.
Results may vary.
Case results depend on a variety of factors unique to each case.