Felony Conviction Divorce Lawyer Virginia Beach, VA
Your spouse has been convicted of a felony and sentenced to serve more than a year in prison. The life you built together has shifted under circumstances you never anticipated. You are ready to move forward and end the marriage. Under Virginia law, your spouse’s felony conviction is more than a painful chapter — it is a legally recognized fault-based ground for divorce. You do not need to spend a year living apart before filing. You can take action now. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. represent clients in Virginia Beach who are seeking divorce based on a spouse’s felony conviction. Reach our firm at (888) 437-7747 to schedule a consultation.
Using a Felony Conviction as Grounds for Divorce in Virginia
Under Virginia Code § 20-91, the conviction of a spouse for a felony and sentencing to confinement for more than one year is a fault-based ground for divorce.
Source: Va. Code § 20-91. Virginia Code § 20-91
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Virginia recognizes several fault grounds for divorce, and a felony conviction resulting in imprisonment of more than one year is among them. This is an important distinction from Virginia’s no-fault divorce path, which requires either a six-month or one-year separation period before you can finalize the divorce. When you file on fault grounds, including felony conviction, no separation period is required. The conviction itself — and the sentence imposing confinement for more than a year — satisfies the statutory requirement.
To proceed under this ground, you need evidence of the conviction. This typically means a certified copy of the sentencing order from the criminal court. The conviction must be final, and the sentence must exceed one year of confinement. If your spouse is appealing the conviction, the status of that appeal may affect the timing of your divorce filing. Mr. Sris and his Of Counsel can help you gather the necessary documentation and evaluate whether filing now or waiting for the appeal to conclude is the better course for your situation.
One strategic advantage of filing on fault grounds: it can affect how the court addresses spousal support and property division. Virginia courts may consider the circumstances that led to the dissolution of the marriage — including a spouse’s criminal conduct — when determining equitable distribution and support obligations. For the full statutory breakdown, see our comprehensive analysis.
What to Expect When Filing in Virginia Beach
Divorce cases based on a felony conviction ground are filed in the Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Building 10B, Virginia Beach, Virginia 23456. This court has exclusive jurisdiction over divorce matters, including equitable distribution of property and spousal support determinations. Separate matters involving custody, visitation, and child support may also be heard in the Virginia Beach Juvenile and Domestic Relations District Court if they are not part of the divorce proceeding.
Filing a divorce complaint when your spouse is incarcerated presents unique procedural considerations. You must serve the divorce papers on your spouse, even if they are in a correctional facility. Service is typically accomplished through the sheriff’s office or a private process server. If your spouse is incarcerated out of state, service may take additional time. Virginia also requires at least one corroborating witness for an uncontested divorce hearing — someone who can attest to the facts supporting the divorce ground. Mr. Sris and his Of Counsel handle these procedural steps and work to keep the process moving forward.
The timeline for a divorce based on felony conviction depends on several factors: whether your spouse contests the divorce, the court’s calendar, the complexity of property and custody issues, and whether your spouse is represented by counsel. If the divorce is uncontested — meaning your spouse does not oppose the divorce or the terms — the matter can proceed more efficiently. If contested, litigation may extend the timeline. Virginia does not require mediation in divorce cases, but settlement discussions can resolve issues without a trial.
How a Felony Conviction Affects Property, Custody, and Support
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally, based on eleven statutory factors the court must consider.
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
A spouse’s felony conviction can influence multiple aspects of the divorce outcome. In property division, the court considers the factors that contributed to the dissolution of the marriage. Criminal conduct that led to incarceration may be relevant to the equitable distribution analysis, particularly if the conviction had financial consequences for the family — such as lost income, legal expenses, or assets used for the criminal defense.
Child custody determinations in Virginia are governed by the trusted-interests standard under Virginia Code § 20-124.3. A parent’s incarceration is not an automatic bar to custody or visitation, but the court will evaluate how the incarceration affects the parent’s ability to care for the child and maintain a meaningful relationship. The nature of the felony offense may also be relevant, particularly if it involved violence, abuse, or conduct that raises concerns about the child’s safety. Custody orders can be structured to address the period of incarceration and provide for modification upon release. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction.
Spousal support considerations are similarly fact-specific. The court evaluates the thirteen factors under Virginia Code § 20-107.1, including the earning capacity of each party and the circumstances that contributed to the end of the marriage. An incarcerated spouse may have limited or no income during confinement, which can affect both the amount and duration of any support award. Mr. Sris and his Of Counsel work with clients to present a complete picture of the financial circumstances so the court can make an informed determination.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris brings an understanding of criminal court procedure that is directly relevant to divorce cases involving a spouse’s felony conviction — from interpreting sentencing orders to evaluating the status of criminal appeals and their effect on family court proceedings.
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 team includes attorneys with backgrounds in criminal law and family law, allowing them to address both the criminal-record issues and the domestic-relations matters that arise in a felony-conviction divorce. Mr. Sris and his Of Counsel have documented 8 case results in Virginia Beach across all practice areas. Clients in Virginia Beach, Sandbridge, and Oceana are served from the firm’s Richmond location. Reach our firm at (888) 437-7747 to schedule a consultation.
Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Frequently Asked Questions
What does it mean to use a felony conviction as grounds for divorce in Virginia?
Using a felony conviction as a ground for divorce means you are filing on a fault basis rather than waiting out a separation period. Virginia Code § 20-91 recognizes a spouse’s felony conviction and sentencing to confinement of more than one year as a fault ground, eliminating the need to live apart for six months or a year before the divorce can be finalized. You will need to present evidence of the final conviction and the sentence imposed. This ground can also factor into the court’s decisions on spousal support and property division.
Do I have to wait for a separation period if I file based on a felony conviction?
No. Fault-based grounds in Virginia, including felony conviction, do not require a separation period before filing. This is a significant procedural difference from no-fault divorce, which requires either six months of separation with a signed agreement and no minor children, or one year of separation otherwise. When you file on the felony conviction ground, you can proceed as soon as you have the necessary documentation of the conviction and sentence, without waiting out a separation timeline.
How does a felony conviction affect child custody in a Virginia divorce?
A felony conviction does not automatically terminate a parent’s custody or visitation rights. Virginia courts decide custody based on the best interests of the child under Virginia Code § 20-124.3, considering ten statutory factors. The court examines the nature of the offense, the length of incarceration, and how the confinement affects the parent-child relationship. Custody and visitation arrangements can be designed to address the period of incarceration and may include provisions for modification when the incarcerated parent is released.
Can I receive spousal support if my spouse is incarcerated?
Spousal support determinations depend on the specific financial circumstances of both parties. An incarcerated spouse typically has limited income, which can affect the amount of support the court orders. The court considers the thirteen factors in Virginia Code § 20-107.1, including each party’s earning capacity, the standard of living during the marriage, and the circumstances that contributed to the dissolution. Even if immediate support is limited, the court may structure an award that accounts for future earning capacity upon release.
What court handles a felony-conviction divorce in Virginia Beach?
The Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Building 10B, Virginia Beach, Virginia 23456, handles all divorce matters including equitable distribution and spousal support determinations. This court has exclusive jurisdiction over divorce under Virginia Code § 20-96. If custody, visitation, or child support issues need to be addressed separately from the divorce, those matters may be heard in the Virginia Beach Juvenile and Domestic Relations District Court.
How do I serve divorce papers on an incarcerated spouse?
Serving an incarcerated spouse requires delivering the divorce complaint and summons to the correctional facility where your spouse is held. This is typically accomplished through the sheriff’s office or a private process server. If your spouse is incarcerated outside Virginia, service may involve coordination with authorities in another state. Virginia law requires proper service for the court to have jurisdiction over the matter. Mr. Sris and his Of Counsel manage the service process and work to ensure it is completed in compliance with Virginia procedural requirements.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Outbound authority: Virginia Code Title 20 — Domestic Relations · Virginia Beach Circuit Court · Virginia Judicial System
Contact Law Offices Of SRIS, P.C.
Mr. Sris and his Of Counsel represent clients in Virginia Beach, Sandbridge, and Oceana from the firm’s Richmond location. By appointment. Call (888) 437-7747 to schedule a consultation.
Richmond Location:
7400 Beaufont Springs Drive, Suite 300, Room 395
Richmond, VA 23225
(804) 201-9009
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