Felony Conviction Divorce Lawyer Prince George County, VA
If you are considering divorce in Prince George County and your spouse has been sentenced to confinement for a felony, Virginia law provides a specific fault-based ground for ending the marriage. Under Va. Code § 20-91, a felony conviction with imprisonment of more than one year is a distinct ground for divorce. This is not a no‑fault separation case; it is a fault‑based action that may allow you to proceed without waiting for the full separation period that applies to other divorces. Law Offices Of SRIS, P.C. helps clients in Prince George County and the surrounding communities understand how this ground works, what must be proven, and what to expect during the court process at the Prince George County Circuit Court. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, supported by 4,739+ documented firm-wide results, to family law matters in Virginia. Results may vary. To discuss your circumstances, reach our Richmond location at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How a Felony Conviction Divorce Works in Prince George County
A divorce based on your spouse’s felony conviction is one of the fault grounds listed in Va. Code § 20-91. Specifically, the statute allows an absolute divorce when one spouse has been sentenced to confinement for more than one year for a felony and has actually been confined. You must prove the conviction and confinement as facts. The case is filed in the Prince George County Circuit Court, which has exclusive jurisdiction over divorce actions in the county. The same court also resolves related issues such as equitable distribution of marital property, spousal support, and, if minor children are involved, custody and visitation arrangements.
Because the felony‑conviction ground does not require you to live separate and apart for a year before filing, it can provide a faster path to ending the marriage than the no‑fault separation routes. However, you still must satisfy Virginia’s residency requirement: at least one party must have been a domiciliary and resident of Virginia for six months before filing. In Prince George County, the Richmond location of Law Offices Of SRIS, P.C. Routinely handles these matters; our firm has documented 7 case results in Prince George County across all practice areas. Results may vary.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault‑based absolute divorce granted under Va. Code § 20‑91 when one spouse has been sentenced to confinement for more than one year for a felony and is actually confined. Unlike a no‑fault divorce, you do not need to wait for a one‑ or six‑month separation period. The case is filed in the Prince George County Circuit Court, which also decides property division, support, and custody. Mr. Sris and his Of Counsel can help you gather the necessary evidence, including certified copies of the conviction order and proof of confinement. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Do I need to wait until my spouse is released to file for divorce based on a felony conviction?
No, you do not have to wait for your spouse’s release. The ground is immediately available once the conviction and sentence of confinement for more than one year have occurred, even if your spouse is still incarcerated. You may file the complaint in the Prince George County Circuit Court as soon as you meet Virginia’s six‑month residency requirement. The court will address service of process on the incarcerated spouse and determine how to proceed with the hearing. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can I also obtain custody and child support in a felony conviction divorce?
Yes, custody, visitation, and child support can be resolved in the same case or in a separate proceeding in the Prince George County Juvenile and Domestic Relations District Court. The Circuit Court handling the divorce has authority to enter orders related to the minor children, including custody based on the best interests of the child under Va. Code § 20‑124.3. Child support is calculated using Virginia’s statutory guidelines. Mr. Sris and his Of Counsel work toward arrangements that serve the children’s welfare while protecting your parental rights. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What if the felony conviction occurred in another state?
A conviction from another state may still qualify if the offense would be a felony under Virginia law and the sentence included confinement of more than one year. You will need to provide certified records from the convicting jurisdiction. The Prince George County Circuit Court will evaluate whether the out‑of‑state conviction satisfies the statutory elements. Mr. Sris and his Of Counsel can assist you in obtaining the necessary documentation and presenting a clear legal argument. To discuss the specifics of an out‑of‑state conviction, reach our location at (888) 437‑7747.
Do I need a lawyer for a felony conviction divorce in Prince George County?
While you are not legally required to have a lawyer, an experienced family law attorney can help you navigate the procedural requirements and evidentiary burdens unique to a fault‑based divorce. You must present admissible proof of the conviction, confinement, and residency. Any error can delay the case or result in dismissal. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel have handled fault‑based matters in Virginia courts since 1997. To request a consultation, call (888) 437‑7747.
How long does a felony conviction divorce take in Prince George County?
The timeline depends on the court’s calendar, the complexity of property and custody issues, and whether the incarcerated spouse contests the divorce. An uncontested case may resolve relatively quickly once all required documents are filed and a hearing is held. If the spouse responds or disputes the grounds, the process will take longer. Mr. Sris and his Of Counsel can explain realistic expectations based on the specific facts of your matter. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What documents do I need to start a felony conviction divorce in Prince George County?
You will need a certified copy of the judgment of conviction showing the felony offense and the sentence of confinement for more than one year, along with proof of the spouse’s actual confinement. You must also file a complaint for divorce and a Virginia Civil Case Information Sheet in the Prince George County Circuit Court. Additional documents may include a property settlement agreement, if one has been reached, and financial statements for support and equitable distribution. To discuss the documentation you should gather, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can a spouse convicted of a felony receive spousal support or a share of marital property?
A spouse’s felony conviction does not automatically bar them from receiving spousal support or a share of marital property. Virginia is an equitable distribution state, and the court considers multiple factors under Va. Code § 20‑107.3, including the circumstances that contributed to the dissolution of the marriage. The conviction may be relevant to the court’s analysis of the spouse’s conduct, but the final decision rests with the judge. To understand how these factors may apply in your case, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What if my spouse was convicted but has not yet been sentenced?
The ground for divorce under Va. Code § 20‑91 requires both a conviction and a sentence of confinement for more than one year. If your spouse has been convicted but sentencing has not occurred, you cannot yet file under this ground. You may, however, consider other divorce grounds, such as a one‑year separation or cruelty, if applicable. Mr. Sris and his Of Counsel can evaluate your situation and help you choose the most appropriate legal path. For a consultation, call (888) 437‑7747.
Will I need to appear in court for a felony conviction divorce in Prince George County?
In most cases, at least one hearing is required, especially if the divorce is contested or if custody and support issues are unresolved. For an uncontested divorce where the incarcerated spouse does not file an answer, the court may still schedule a hearing to take evidence on the conviction and the grounds. Mr. Sris and his Of Counsel prepare clients thoroughly for court appearances and can often handle much of the procedural work without requiring your presence at every stage. To discuss what you can expect, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
How much does a felony conviction divorce cost in Prince George County?
The cost varies depending on whether the case is contested, the complexity of property and custody issues, and the fees charged by the attorney. Circuit Court filing fees apply, and additional costs may include service of process and, if necessary, a guardian ad litem for custody matters. Mr. Sris and his Of Counsel offer a consultation to discuss the likely scope of your case and the associated legal fees. To request a consultation, reach our Richmond location at (888) 437‑7747.
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 and has since built a practice that serves clients in 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 practice includes complex divorce and family law matters, including fault‑based divorce cases in Prince George County.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, supported by 4,739+ documented firm-wide results, to family law representation. Results may vary. The firm’s Richmond location, at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, serves clients in Prince George County and throughout the Eleventh Judicial District. All meetings are by appointment; please call (888) 437‑7747 to schedule.
Related family law pages: Fairfax County family law attorney · Prince William County divorce lawyer · Manassas family law representation · Fairfax City divorce attorney · Falls Church family lawyer
Virginia primary sources: Virginia Code Title 20 (Domestic Relations) · Prince George County Circuit Court · Virginia Judicial System
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Case results depend on a variety of factors unique to each case.