Felony Conviction Divorce Lawyer Prince George County, VA
When your spouse begins serving a prison sentence measured in years, the life you built together can feel as though it has been taken from you. A spouse’s felony conviction and the resulting incarceration create immediate, practical questions about finances, child custody, and your own future. Virginia law recognizes that a lengthy imprisonment may make the continuation of a marriage unsustainable, and it provides a specific path to end the marriage on this ground. At Law Offices Of SRIS, P.C., founded in 1997, Mr. Sris and his Of Counsel team concentrate part of their practice on helping spouses in Prince George County and the surrounding communities of Hopewell and the I-295 corridor pursue a divorce after a felony conviction. To discuss your situation confidentially, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Understanding a Felony Conviction Divorce in Virginia
Virginia is an equitable distribution state, and it offers both fault and no‑fault grounds for divorce. One of the statutory fault grounds is the conviction of a spouse for a felony and the resulting sentence to confinement for more than one year. This ground is set out in Va. Code § 20‑91. It does not require the parties to have lived separately for any period of time before filing. Once the convicted spouse has been sentenced and is serving the sentence, the other spouse may file a complaint for divorce in the Circuit Court of the city or county where either party resides.
In Prince George County, divorce cases are filed in the Prince George County Circuit Court, located at 6601 Courts Drive, Prince George, Virginia. Because the divorce is based on a felony conviction, the court will review the conviction record and the length of the sentence as part of the proceeding. The case may also involve issues of equitable distribution, spousal support, and custody of minor children. If children are involved, ancillary matters are handled by the Prince George County Juvenile & Domestic Relations District Court when the case originates there, but they may become part of the Circuit Court proceeding when the divorce is pending.
Virginia law does not require the incarcerated spouse’s consent for the divorce to proceed. However, proper service of process on the incarcerated spouse must be accomplished, and depending on the circumstances, a guardian ad litem may be appointed for that spouse. The legal requirements are technical, and the procedural path through the Circuit Court benefits from guidance by an attorney familiar with Prince George County practice.
How Mr. Sris and His Of Counsel Approach Felony Conviction Divorce Cases
Mr. Sris and his Of Counsel team take a holistic view of a felony conviction divorce. The divorce itself is often only one piece of a larger picture that includes the division of property, allocation of debts, potential spousal support, and, when children are involved, custody and child support. The goal is to structure the final decree so that the non‑incarcerated spouse can move forward without unresolved legal entanglements.
The process typically begins with a consultation to review the conviction documents, the length of the sentence, the assets and debts of the marriage, and any issues concerning children. Mr. Sris and his Of Counsel then prepare and file the complaint in the Prince George County Circuit Court, referencing the statutory ground under Va. Code § 20‑91. They coordinate service of process on the incarcerated spouse and, if required, work with the court to arrange for the appointment of a guardian ad litem. The firm also addresses any pendente lite motions for temporary support, custody, or exclusive use of the family residence while the divorce is pending.
Because Mr. Sris is a former prosecutor, he brings a perspective shaped by years of courtroom experience and an understanding of how legal facts are proved. His Of Counsel team includes attorneys who have handled family law matters across Virginia. Together, they work to present the case clearly, whether it resolves through negotiation or proceeds to a hearing before the Circuit Court.
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. A former prosecutor, he has represented clients in criminal, family, and immigration matters. His five‑jurisdiction practice spans Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris keeps his caseload intentionally small so that he can remain directly involved in significant decisions, while drawing on the collective experience of his Of Counsel attorneys. These Of Counsel lawyers are engaged through Excella and bring over 120 years of combined legal experience to the matters they handle, supported by over 4,739 documented firm-wide results. Results may vary.
Frequently Asked Questions
Can I get a divorce in Virginia if my spouse has been convicted of a felony?
Yes, a felony conviction with a sentence of more than one year gives the non‑incarcerated spouse a fault‑based ground for divorce under Virginia law. This ground is found in Va. Code § 20‑91, and it does not require a separation period before filing. You may file as soon as the conviction has occurred and the sentence has been imposed, even if the appeal is pending. The case is heard in the Circuit Court, which has exclusive jurisdiction over divorce. Our firm can help you prepare the complaint and address any child custody or support issues that arise alongside the divorce.
What happens to our property and debts during a felony conviction divorce?
Virginia courts divide marital property under the principle of equitable distribution, which means a fair—but not necessarily equal—division. Under Va. Code § 20‑107.3, the judge considers factors such as the length of the marriage, each spouse’s contributions and economic circumstances, and the reasons for the marriage’s breakdown. The fact that one spouse is incarcerated may affect the practical division of assets and debts. Our attorneys can help you identify marital property, value it, and present your position to the Circuit Court.
Do I need an attorney for a divorce based on my spouse’s felony conviction?
While you are not legally required to have an attorney, the procedural constraints and the presence of an incarcerated spouse make legal representation strongly advisable. Serving an incarcerated defendant, obtaining the necessary conviction records, and framing the complaint to meet the statutory ground all involve steps that are unfamiliar to most people. An error can delay the case or result in an incomplete decree. Mr. Sris and his Of Counsel handle these procedural requirements and also negotiate property and support issues so that the final decree accomplishes what you need.
How long does a felony conviction divorce take in Prince George County?
The timeline depends on the court’s calendar, whether the divorce is contested, and whether there are outstanding property or child‑related issues. Because the ground is fault‑based, no mandatory separation period applies, and the case can proceed once the complaint is filed and the defendant is served. The actual hearing date is set by the Circuit Court. If the parties agree on all issues, a final decree may be entered relatively promptly; if any matter is disputed, the case will take longer. Contact our firm at (888) 437-7747 to discuss what timeline you might reasonably expect in your situation.
Will I be able to get spousal support or child support after a felony conviction divorce?
A court may award spousal support and child support, though the incarcerated spouse’s ability to pay will be considered. The court applies the factors in Va. Code § 20‑107.1 for spousal support and the child‑support guidelines in Va. Code § 20‑108.1. Even when a spouse is incarcerated, support obligations may be imposed and can be collected upon the spouse’s release or from existing assets. Our attorneys can evaluate the financial picture of your marriage and help you pursue appropriate support orders.
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Outbound primary-source authority: Virginia Code Title 20 · Virginia Circuit Courts · Prince George County Circuit Court
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