Felony Conviction Divorce Lawyer New Kent County, VA
Using a Felony Conviction to Obtain a Divorce in New Kent County
Virginia Code § 20-91(3) provides a fault ground for divorce when one spouse has been sentenced to confinement for more than one year following a felony conviction. Unlike the no-fault separation periods—one year for couples with minor children or six months with a signed separation agreement and no children—a felony-conviction divorce may be filed as soon as the sentencing occurs. This gives an innocent spouse the ability to begin the legal process without enduring a prolonged waiting period.
Our Richmond location serves clients throughout New Kent County, including the communities of New Kent, Providence Forge, and Quinton. New Kent County divorce matters are heard in the New Kent County Circuit Court at 12001 Courthouse Circle, New Kent, VA 23124. If the case also involves custody, visitation, or child support issues, those matters may proceed through the New Kent County Juvenile and Domestic Relations District Court. Mr. Sris and his Of Counsel are familiar with the local court procedures and can guide you through each step, from filing the complaint to final decree.
What to Expect from the Court Process in New Kent County
After deciding to file for divorce on the felony-conviction ground, the initial step is preparing and filing a complaint in the Circuit Court. Because the defendant may be incarcerated, service of process can require additional steps—such as service through the facility where the spouse is housed or, if needed, service by publication. You can also ask the court for temporary relief through a pendente lite motion, which can address immediate concerns like exclusive use of the marital home, temporary custody, and temporary support while the divorce is pending.
The court will schedule a hearing based on its calendar. If the parties reach an agreement on all issues—property division, support, and custody—the case can proceed uncontested and move toward a final decree more efficiently. If not, the matter will be set for trial. Throughout the process, the court looks to resolve matters fairly under Virginia’s equitable-distribution framework and the trusted-interests-of-the-child standard.
Protecting Your Assets, Custody, and Future During a Felony Ground Divorce
Virginia is an equitable-distribution state, meaning the court divides marital property in a manner that is fair but not necessarily equal. The court weighs several factors, including the duration of the marriage, contributions of each spouse, the basis for the dissolution, and the circumstances surrounding the felony conviction. Separate property—such as assets acquired before the marriage or received as a gift or inheritance—remains with the owning spouse.
Child custody and visitation are decided according to the best interests of the child. A parent’s felony conviction and incarceration can significantly affect the court’s analysis of the parent’s fitness and ability to care for the child. You may seek sole custody and appropriate visitation orders that protect your child’s well-being. Spousal support may also be considered; the court evaluates statutory factors including each party’s earning capacity, obligations, and standard of living established during the marriage.
About Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and devotes his practice to family law, criminal defense, and related areas. A former prosecutor, Mr. Sris understands courtroom dynamics from both sides of the aisle. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, and the firm has achieved 4,739+ documented firm-wide results. Results may vary. When you work with the firm, you benefit from a team that draws on extensive experience in family law and local familiarity with New Kent County courts.
For a full statutory analysis of Virginia divorce grounds, including the text of Va. Code § 20-91, see our comprehensive guide on srislawyer.com.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce allows a spouse to file for an immediate divorce when the other spouse has been sentenced to confinement of more than one year for a felony. This fault ground under Virginia Code § 20-91(3) eliminates the separation period required for no-fault divorce, enabling the innocent spouse to end the marriage without delay once the sentence is imposed.
Do I have to wait a year to file for divorce if my spouse is incarcerated?
No, when you file on the felony conviction ground, there is no mandatory separation period; you can initiate the divorce as soon as your spouse is sentenced to prison for more than one year. The no-fault separation periods (six months or one year) do not apply when you use the fault ground of felony conviction.
Where do I file for divorce in New Kent County?
You file your divorce complaint in the New Kent County Circuit Court located at 12001 Courthouse Circle, New Kent, VA 23124. The Circuit Court has exclusive jurisdiction over divorce and property division, while related custody and support matters may also be heard in the Juvenile and Domestic Relations District Court.
How does a felony conviction affect property division in Virginia divorce?
Virginia uses equitable distribution, which divides marital property fairly but not necessarily equally; a spouse’s felony conviction can be considered as one of several factors the court weighs. The court may give less weight to the convicted spouse’s contributions or consider any misuse of marital assets related to the criminal conduct.
Can I get custody of my children if the other parent is in prison?
Yes, you can seek sole custody, and the court will evaluate the best interests of the child under Virginia Code § 20-124.3, taking into account the incarcerated parent’s ability to provide care and a safe environment. The court may order visitation that is consistent with the child’s well-being and the institutional setting.
What if my spouse has been convicted but not yet sentenced?
The felony conviction ground requires that the spouse be sentenced to confinement for more than one year; you must wait until the sentence is pronounced before filing on this ground. Until the sentencing, you may still file on other available grounds, such as cruelty or desertion, if applicable.
Do I need proof of the felony conviction to file for divorce?
Yes, you must provide evidence of the felony conviction and sentence, typically a certified copy of the conviction order. You must also satisfy Virginia’s residency requirement that at least one party has been a domiciliary of the Commonwealth for six months before filing.
How long does a felony conviction divorce take in New Kent County?
The timeline varies by case; uncontested matters may be resolved faster than contested ones, but the schedule is set by the court’s calendar. Working with an experienced family lawyer helps ensure that filings are proper and that any delays are minimized.
Can I receive spousal support if my spouse is incarcerated?
Spousal support may be awarded based on statutory factors; incarceration does not automatically bar support, though the court will consider the incarcerated spouse’s ability to pay and the availability of marital assets. Temporary support pendente lite can be sought early in the case.
Is adultery required along with a felony conviction to file for immediate divorce?
No, the felony conviction ground is completely independent; you do not need to prove adultery, cruelty, or any other fault. You can rely solely on the fact that your spouse has been sentenced to more than one year’s confinement for a felony.
Will I have to go to court in person?
The court may require your appearance at least once, particularly if there is a contested hearing or finalization of the divorce. Your lawyer can handle most procedural appearances, and you can discuss what to expect based on your specific situation during a consultation.
What if my spouse was convicted in another state?
A felony conviction from another jurisdiction still qualifies under the Virginia statute as long as the sentence exceeds one year of confinement. You will need to present a certified copy of the out-of-state conviction to the New Kent County Circuit Court.
To discuss using a spouse’s felony conviction as grounds for divorce in New Kent County, request a consultation with Mr. Sris and his Of Counsel at (888) 437-7747. Our Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 serves clients from New Kent, Providence Forge, Quinton, and throughout Central Virginia.
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