Felony Conviction Divorce Lawyer Colonial Heights, VA
You live in Colonial Heights. Your spouse was convicted of a felony and is now serving a prison sentence of more than one year. You have decided to move forward with your life. Under Virginia Code § 20-91(3), a spouse may file for divorce when the other spouse has been sentenced to confinement for more than one year for a felony. This fault-based ground allows you to end your marriage without waiting through a lengthy separation period. Law Offices Of SRIS, P.C. represents individuals who need to file for divorce on this ground—not the incarcerated individual. Mr. Sris, a former prosecutor, and his Of Counsel team understand the legal requirements and court procedures for felony conviction divorce in Colonial Heights. From filing the complaint to resolving property division and support, our firm works to protect your interests and move your case forward efficiently. To request a consultation regarding your situation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Felony Conviction Divorce Means in Colonial Heights
Colonial Heights Circuit Court, located at 550 Boulevard, Colonial Heights, VA 23834, has exclusive jurisdiction over divorce proceedings in the city. A felony conviction divorce is a specific fault ground under Virginia Code § 20-91(3). Unlike a no-fault divorce, which requires a separation period of six months or one year, a divorce on the ground of felony conviction does not require any separation period at all. Once the offending spouse has been sentenced to confinement for more than one year for a felony, the filing spouse may proceed immediately. This can be a significant advantage for someone who wants to finalize the divorce without delay.
In Colonial Heights, filing for divorce based on a spouse’s felony conviction still requires meeting Virginia’s residency requirement: at least one party must have been a domiciliary and resident of Virginia for six months before filing. The divorce complaint is filed in the Circuit Court, and the incarcerated spouse must be properly served. The firm’s Richmond Location, at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, regularly represents clients in Colonial Heights family law matters. Mr. Sris and his Of Counsel team handle every step, from gathering the conviction records to preparing the required corroborating evidence. Because the ground is fault-based, the court will grant the divorce once the incarceration duration is proven; however, property division, spousal support, and related issues are handled separately under Virginia’s equitable distribution laws.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When you engage Law Offices Of SRIS, P.C. for a felony conviction divorce in Colonial Heights, the process begins with a thorough evaluation of your situation. Mr. Sris and his Of Counsel team review the felony conviction documentation, the length of the sentence, and any other relevant facts. Because fault grounds can affect spousal support and property distribution, a careful approach is essential. The firm prepares and files the complaint in Colonial Heights Circuit Court, ensuring all statutory requirements are met, and arranges proper service on the incarcerated spouse—whether through the sheriff’s office or a private process server.
Once the divorce is underway, the firm addresses any ancillary matters such as equitable distribution of marital property, spousal support, and, if children are involved, custody and visitation. Although the divorce itself may be granted relatively quickly once the felony conviction ground is established, contested issues can extend the process. Mr. Sris and his Of Counsel team work to achieve favorable outcomes while keeping you informed. Throughout the representation, the firm focuses on protecting your financial interests and helping you move forward. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has been practicing since 1997. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he brings a multi-jurisdictional perspective to family law cases. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), reflecting his commitment to Virginia family law. He keeps his personal caseload small to ensure deep involvement in each matter, and he works collaboratively with his Of Counsel team to represent clients effectively.
Mr. Sris is supported by Of Counsel attorneys with backgrounds that include a former Virginia State Trooper and a former Maryland Assistant State’s Attorney. This depth of experience—over 120 years of combined legal experience between Mr. Sris and his Of Counsel—means the team is equipped to handle complex family law cases with confidence. Results may vary. The firm has documented 4,739+ case results across all practice areas since 1997.
Under Virginia Code § 20-91(3), a spouse may file for divorce when the other spouse has been sentenced to confinement for more than one year for a felony.
Source: Va. Code § 20-91(3)
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based ground that allows a spouse to file for divorce when the other spouse has been sentenced to imprisonment for more than one year for a felony. Virginia Code § 20-91(3) specifically recognizes this as a ground for divorce from the bond of matrimony. The filing spouse does not need to wait for a separation period. Once the sentence is imposed and incarceration exceeds one year, the divorce complaint may be filed immediately in the circuit court. The court must be satisfied that the conviction and sentence meet the statutory requirement, and proper corroborating evidence is required. This ground is often used by individuals whose spouse is serving a lengthy prison sentence and who wish to move on without delay.
Do I need a lawyer for a felony conviction divorce in Colonial Heights?
You are not legally required to hire a lawyer to file for divorce, but having an experienced attorney is strongly recommended. A felony conviction divorce involves proving the conviction, the sentence length, and serving an incarcerated individual, which can present procedural challenges. An attorney can ensure the complaint is properly prepared, service is completed correctly, and your property and support interests are protected. Additionally, if the incarcerated spouse contests the divorce or raises issues regarding property division, legal representation becomes critical. Mr. Sris and his Of Counsel have experience handling such matters in Colonial Heights Circuit Court and can guide you through the process. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How long does a felony conviction divorce take in Colonial Heights?
The timeline for a felony conviction divorce varies by case, but the fault ground allows the divorce to proceed without any mandatory separation period. Once the complaint is filed and service is completed, the court may grant the divorce as soon as the required evidence of the felony conviction and sentence is presented. Contested issues, such as equitable distribution, spousal support, or custody, can extend the case. In uncontested situations, the divorce may be finalized in a few months. The court’s docket and the speed of service on the incarcerated spouse also affect timing. Mr. Sris and his Of Counsel work to advance the case efficiently while protecting your legal rights. Results may vary.
What happens to property and support in a felony conviction divorce?
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally, regardless of the divorce ground. A felony conviction divorce is fault-based, and fault can be a factor the court considers in dividing property under Virginia Code § 20-107.3. The court may consider the circumstances and duration of the incarceration when determining spousal support. However, the outcome depends on the specific facts of each case. Mr. Sris and his Of Counsel team carefully evaluate your financial situation, gather necessary documentation, and advocate for a distribution and support arrangement that serves your long-term interests. To discuss your specific property and support concerns, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I get custody of my children if my spouse is in prison?
Child custody is determined based on the best interests of the child, not automatically affected by a parent’s incarceration. While a parent’s imprisonment is a significant factor, the court evaluates all circumstances under Virginia Code § 20-124.3. The incarcerated parent’s ability to maintain a relationship with the child is limited, which may weigh in favor of the non-incarcerated parent having primary physical custody. Custody issues can be resolved as part of the divorce or through separate proceedings in the Colonial Heights Juvenile and Domestic Relations District Court. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How do I start the process of a felony conviction divorce?
Contacting an experienced family law attorney is the first step to starting a felony conviction divorce in Colonial Heights. You will need to gather documentation of your spouse’s felony conviction and sentence, as well as your own financial records if property or support issues are involved. The attorney will prepare and file the complaint in Colonial Heights Circuit Court and arrange for service of process on the incarcerated spouse. From there, the case proceeds according to the court’s schedule. Mr. Sris and his Of Counsel offer consultations to review your situation and explain your options. To schedule a consultation, call (888) 437-7747.
Related family law pages: Fairfax County Family Law Lawyer · Fairfax City Family Law Lawyer · Prince William County Family Law Lawyer
Virginia legal resources: Virginia Code § 20-91 · Colonial Heights Circuit Court
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Case results depend on a variety of factors unique to each case. Attorney responsible for this advertising: Mr. Sris.