Felony Conviction Divorce Lawyer Colonial Heights, VA
You answered the phone to learn that your spouse had been sentenced to prison for a felony. The news hit hard. While you process the personal shock, a practical question surfaces: Can you move forward with a divorce? In Virginia, the answer is yes. Under Virginia Code § 20-91(3), a spouse’s confinement for a felony conviction that carries a sentence of more than one year is a fault-based ground for divorce, and it carries no mandatory separation period. For residents of Colonial Heights, the divorce proceeding itself falls under the jurisdiction of the Colonial Heights Circuit Court at 550 Boulevard. If you are ready to take that step, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss how Mr. Sris and his Of Counsel approach these matters. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Your Strategy Options After a Spouse’s Felony Conviction
A felony conviction divorce gives you a direct path. Unlike a no-fault separation — which requires living apart for either six months with a signed agreement or one year — the felony-conviction ground has no waiting period once the spouse is sentenced and confined. You can file for divorce immediately. This can accelerate the resolution of property division, spousal support, and custody arrangements. Because the ground is fault-based, the court may weigh the conviction heavily when deciding equitable distribution under Virginia Code § 20-107.3. The statute lists eleven factors, and a felony conviction can influence several of them, especially if the criminal conduct caused financial harm or instability to the marital estate.
At the same time, a felony conviction divorce is not automatic. You must still file a complaint in the Colonial Heights Circuit Court, serve the incarcerated spouse (which often requires navigating prison mailing procedures), and present sufficient evidence of the conviction and sentence. Mr. Sris and his Of Counsel have experience handling these procedural steps and can guide you on how to build a strong record. Every case is different, and the firm takes a matter-of-fact approach: no overblown promises, just steady, methodical representation aimed at moving your life forward.
What to Expect in a Felony Conviction Divorce in Colonial Heights
Once the complaint is filed, the Colonial Heights Circuit Court will calendar a hearing. Because the defendant spouse is incarcerated, the court may set a date that allows for transport or video participation, or the proceeding may move forward without the spouse’s active participation if service requirements are met. You should be prepared to present the judgment of conviction and evidence of the sentence. The court will also need to address all ancillary issues — child custody, visitation, child support, spousal support, and the division of marital property and debts — just as it would in any other divorce.
If you and your spouse were living in Colonial Heights or the surrounding Chesterfield County area prior to the incarceration, the local court’s familiarity with the community helps contextualize housing, school, and employment considerations. Mr. Sris and his Of Counsel regularly appear in the Twelfth Judicial District and understand the procedural expectations of the Colonial Heights Circuit Court. They handle the paperwork, manage service on the incarcerated spouse, and present your case clearly so that you can focus on rebuilding.
Penalty Overview: How a Felony Conviction Affects Your Divorce
Virginia treats a felony conviction with imprisonment exceeding one year as a fault ground. In plain terms, that means the conviction itself can be the basis for ending the marriage without waiting. Beyond the divorce ground, the fact of the conviction can tip the scales in equitable distribution. While Virginia does not apply a rigid formula, courts often consider whether the criminal conduct depleted marital assets, generated legal fees that the innocent spouse had to bear, or caused a loss of household income. The court may award a larger share of the marital estate to the non-convict spouse to offset those losses.
Spousal support can also be shaped by the conviction. The court looks at the thirteen factors in Virginia Code § 20-107.1, including the earning capacity and obligations of each party, the standard of living during the marriage, and the circumstances that contributed to the dissolution. A spouse serving a lengthy sentence has no current earning power, which may increase the support obligation — though collection while a spouse is incarcerated can be challenging. Mr. Sris and his Of Counsel can help you evaluate what support request is realistic and how to enforce any order once the spouse is released.
Attorney Credentials
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he founded the firm in 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His practice concentrates, in part, on family law matters including fault-based divorces. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), addressing equitable distribution procedures. He and his Of Counsel bring over 120 years of combined legal experience. Results may vary. Every attorney at the firm is Of Counsel; the firm has no associates or partners.
Our Richmond location serves clients in Colonial Heights and the surrounding area. Reach our location at (888) 437-7747 to request a consultation. By appointment only.
For a full statutory breakdown of Virginia divorce grounds, see our comprehensive analysis.
Frequently Asked Questions
Can I get a divorce in Virginia if my spouse is convicted of a felony?
Yes, a felony conviction with a sentence of more than one year is a fault ground for divorce under Virginia Code § 20-91(3). You do not need to wait out a separation period. The divorce action is filed in the Circuit Court of the city or county where you reside. Evidence of the conviction and the sentence must be presented to the court. Once the ground is established, the court proceeds to decide property division, support, and custody. For specific guidance on your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does a felony conviction affect child custody in Colonial Heights?
The court decides custody based on the best interests of the child under Virginia Code § 20-124.3, and a parent’s incarceration is a significant factor. A felony conviction, especially one involving violence or harm, can raise concerns about fitness to parent. However, the court will also consider the child’s relationship with each parent and the convicted parent’s efforts to maintain contact. Mr. Sris and his Of Counsel can help you present evidence of your caregiving role and any steps you have taken to protect the child, always focusing on what serves the child’s well‑being.
Will I get more of the marital property because my spouse is in prison?
Not automatically, but the conviction can influence equitable distribution. The court weighs factors such as economic fault, dissipation of assets, and the circumstances that led to the dissolution. If the felony caused financial drain or reduced the marital estate, the judge may award a greater share to the non‑convict spouse. Mr. Sris and his Of Counsel can help you trace the financial impact and present a compelling case for a fair division. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer to file for a felony conviction divorce?
Virginia law does not require an attorney, but proceeding without one can be risky. Serving an incarcerated spouse, proving the conviction, and addressing complex property‑and‑support issues can trip up a pro se filer. Mistakes may delay finalization or lead to an inequitable result. Mr. Sris and his Of Counsel handle the procedural requirements and advocate for your interests so you can move forward with confidence. Request a consultation at (888) 437-7747 to learn more.
How long does a felony conviction divorce take in Colonial Heights?
The timeline depends on court scheduling, service on the incarcerated spouse, and whether the case is contested. Because no separation period is required, the case can move to a hearing relatively quickly compared to a no‑fault divorce. However, scheduling the hearing may be delayed if the prison does not promptly cooperate with service or transport. Mr. Sris and his Of Counsel work to keep the case on track and pursue resolution as efficiently as the circumstances allow. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
What if I need spousal support during my spouse’s imprisonment?
You can request spousal support as part of the divorce proceeding, though collecting from an incarcerated spouse can be difficult. The court may enter a support order based on the factors in Virginia Code § 20-107.1, including the standard of living during the marriage and the incarcerated spouse’s limited ability to pay. After the spouse is released, you may be able to enforce the order. Mr. Sris and his Of Counsel can help you structure a support request that is realistic and enforceable. To discuss your options, call (888) 437-7747.
Outbound Primary‑Source Authority
Virginia divorce statute: Va. Code § 20‑91 (Grounds for divorce) · Equitable distribution statute: Va. Code § 20‑107.3 · Colonial Heights Circuit Court: Official court page
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. The firm has documented 4,739+ case results across all practice areas since 1997; prior outcomes do not guarantee a similar result
Case results depend on a variety of factors unique to each case.