Felony Conviction Divorce Lawyer New Kent County, VA
If your spouse has been convicted of a felony and is serving a sentence of more than one year, Virginia law provides a path to divorce without the waiting periods required for no-fault separation. At Law Offices Of SRIS, P.C., we help clients in New Kent County pursue a divorce based on a spouse’s felony conviction and imprisonment. We understand that these cases present unique challenges—from serving court documents to an incarcerated spouse to addressing the impact of incarceration on property division, spousal support, and child custody. Our Richmond location represents families throughout New Kent County, including the communities of New Kent, Providence Forge, and Quinton. Mr. Sris and his experienced Of Counsel team are familiar with the New Kent County Circuit Court at 12001 Courthouse Circle and can guide you through each step of the process. 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
Under Virginia law, a spouse may file for divorce on the ground that the other spouse has been convicted of a felony and sentenced to confinement for more than one year, and the parties have not cohabited after the conviction. This fault-based ground, found at Va. Code § 20‑91(3), permits an immediate filing once the sentence is imposed—without the six‑month or one‑year separation period required for no-fault divorce. The New Kent County Circuit Court has exclusive jurisdiction over divorce actions, including equitable distribution of marital property and any award of spousal support. The New Kent County Juvenile and Domestic Relations District Court handles related matters such as child custody, visitation, and child support.
Because one spouse is incarcerated, service of process must be accomplished through the correctional facility, and special scheduling accommodations may be needed for court appearances. Virginia is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally under the eleven factors in Va. Code § 20‑107.3. The court will also consider whether the felony had a financial impact on the marriage when determining spousal support. Mr. Sris and his Of Counsel can explain how the statutory framework applies to your specific circumstances and pursue the most favorable resolution possible.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When you work with Law Offices Of SRIS, P.C., the process begins with a thorough review of your situation. We verify that the statutory requirements of Va. Code § 20‑91(3) are met—namely, that your spouse has been convicted of a felony, the sentence exceeds one year, and you have not cohabited afterward. We then prepare and file a complaint for divorce in the New Kent County Circuit Court and arrange for service of process on the incarcerated spouse through the appropriate facility. If the imprisonment involves an out‑of‑state facility, we coordinate service under the applicable procedures.
Many felony‑conviction divorces proceed uncontested if the incarcerated spouse does not object. In such cases, we can move efficiently toward a final decree that resolves property division, any support obligations, and child‑related matters. When issues are contested—such as the ownership or valuation of assets acquired during the marriage—we draw on the extensive litigation experience of Mr. Sris and his Of Counsel to protect your interests. Throughout the process, we keep you informed and work to reach a resolution that gives you a stable foundation for the next chapter of your life.
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. A former prosecutor, he now concentrates his family law practice on representing individuals across Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His thorough understanding of Virginia divorce law, combined with his multi‑state licensing, equips him to handle cases that involve incarcerated spouses or complex financial issues.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have obtained 4,739+ documented firm-wide results to family law matters. Results may vary. The Of Counsel team consists of experienced attorneys who collaborate on case strategy, drawing on backgrounds that include former prosecution, law enforcement, and extensive trial work. Together, they provide the resources necessary to manage a felony‑conviction divorce from filing through final decree.
Frequently Asked Questions
What is a divorce based on felony conviction in Virginia?
A divorce based on felony conviction allows a spouse to end the marriage when the other spouse has been convicted of a felony and sentenced to more than one year of imprisonment. The divorce is filed under Va. Code § 20‑91(3) without any separation period. The filing spouse must show that the conviction occurred during the marriage and that the parties have not cohabited afterward. Because the incarcerated spouse remains in state custody, the court will also address property division, spousal support, and child custody as part of the same proceeding. Our role is to present the evidence of the conviction and sentence and to advocate for an equitable outcome under the Virginia equitable distribution framework.
Do I need to wait for a separation period before filing for divorce on this ground?
No separation period is required; you may file for divorce as soon as your spouse has been sentenced to more than one year of imprisonment. This is a key distinction from Virginia’s no‑fault divorce grounds, which require six months or one year of living apart. As long as the felony sentence has been imposed and you have not resumed cohabitation, you can initiate the divorce immediately. After filing in the New Kent County Circuit Court, the timeline for a final decree depends on whether the incarcerated spouse contests the divorce and on the complexity of the property and custody issues that need to be resolved.
How is property divided when one spouse is incarcerated?
Virginia is an equitable distribution state; marital property is divided fairly based on eleven statutory factors under Va. Code § 20‑107.3, not automatically split 50/50. A spouse’s incarceration does not cause them to forfeit their share of marital property, but the court may consider the financial consequences of the crime—such as legal expenses, lost income, or restitution obligations—when determining each party’s portion. Separate property, including assets owned before the marriage or received as a gift or inheritance, remains with the individual spouse. Our firm works to ensure that all assets are properly classified and valued, and that the distribution reflects the economic realities created by the incarceration.
What happens to child custody when a parent is in prison?
The parent who is not incarcerated typically receives sole custody, but the incarcerated parent may retain visitation rights unless they are restricted by the facility or the court decides otherwise. Virginia custody decisions are based on the best interests of the child under Va. Code § 20‑124.3. Incarceration is one factor the court considers, but it does not automatically terminate parental rights. The non‑incarcerated parent may need to seek a permanent custody order through the New Kent County Juvenile and Domestic Relations District Court if no prior order exists. Our team can help present a parenting plan that provides stability for the child while respecting any continuing parental relationship the court deems appropriate.
How do I start a divorce on the ground of felony conviction in New Kent County?
Begin by contacting an experienced family law attorney who can confirm that your situation meets the statutory grounds and then prepare and file a complaint for divorce in the New Kent County Circuit Court. You will need documentation of your spouse’s felony conviction and sentence, which can usually be obtained from the sentencing court. The complaint is served on the incarcerated spouse at the correctional facility. Because the incarcerated spouse may not respond, the case can often proceed as an uncontested divorce, but contested issues regarding property or custody may require a hearing. Mr. Sris and his Of Counsel can handle every stage, including service, negotiation, and court appearances. Call (888) 437‑7747 to discuss your case.
Family law representation throughout Virginia: Fairfax County · Fairfax City · Falls Church · Prince William County · Manassas
Primary legal sources: Virginia Code Title 20 — Domestic Relations · New Kent County Courts
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