Felony Conviction Divorce Lawyer in Colonial Heights, Virginia
A felony conviction can be grounds for divorce in Virginia under Va. Code § 20-91. In Colonial Heights, this fault-based divorce requires specific legal proof and can impact custody and support. A felony conviction divorce lawyer from Law Offices Of SRIS, P.C. can guide you through the complex process at Colonial Heights Circuit Court. We offer 24/7 phone consultations to discuss your case.
Last verified: April 2026 | Colonial Heights General District Court | Virginia General Assembly
Virginia law provides specific fault grounds for divorce, including a felony conviction where one spouse has been sentenced to confinement for more than one year. This is distinct from no-fault separation-based divorces and requires different legal strategies. Colonial Heights Circuit Court handles all divorce filings, including those based on felony convictions. Understanding how to properly plead and prove this ground is critical to the outcome of your case.
Virginia Law on Divorce After a Felony Conviction
Under Va. Code § 20-91, a felony conviction is a fault ground for divorce. The statute requires that the convicted spouse be sentenced to confinement for more than one year and that the sentence has become final. This ground does not require a waiting period like a no-fault separation. However, the petitioning spouse must provide certified documentation of the conviction and sentence. The court will consider this factor alongside all other relevant issues, including equitable distribution (Va. Code § 20-107.3) and child custody.
For official court procedures and forms, you can refer to the Virginia Courts website.
Local Court Process for a Felony-Based Divorce
In Colonial Heights, a divorce based on a felony conviction is filed in the Colonial Heights Circuit Court. The key procedural fact is that you must attach certified copies of the conviction and sentencing orders to your Complaint for Divorce. The court will not take judicial notice of the conviction without proper documentation. This is a critical step where a criminal conviction divorce lawyer can ensure your filing is procedurally correct to avoid delays.
- Gather certified copies of the felony conviction and sentencing order from the clerk of the criminal court.
- File a Complaint for Divorce with the Colonial Heights Circuit Court clerk, attaching the certified documents and paying the filing fee.
- Ensure proper service of process is completed on your spouse according to Virginia rules.
- Prepare for potential hearings on the ground itself, as well as related issues of property, support, and custody.
Potential Impacts of a Felony on Divorce Outcomes
In Colonial Heights, a felony conviction can significantly influence a judge’s decisions on custody, visitation, and spousal support under Virginia’s statutory factors.
| Legal Issue | Potential Impact of Felony Conviction |
|---|---|
| Child Custody (Va. Code § 20-124.3) | The court must consider the felony as a factor affecting the child’s best interests, particularly regarding the parent’s ability to provide care. |
| Spousal Support (Va. Code § 20-107.1) | The conviction and circumstances skilled to it are factors the court may consider in awarding or denying support. |
| Equitable Distribution | While the conviction itself may not directly alter property division, marital misconduct related to the crime can be a factor. |
| Parenting Time/Supervision | The court may order supervised visitation or other conditions to ensure the child’s safety. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Complex Family Law Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to complex family law matters, including divorces involving criminal convictions. Mr. Sris, our managing attorney, personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving us deep insight into the legislative intent behind the laws that will govern your case. We understand the unique challenges that arise when criminal and family law intersect.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results in Colonial Heights
Our firm has a documented record of achieving favorable outcomes for clients in Colonial Heights courts. While every case is unique, our approach is case-specific to the specific facts and legal challenges presented. For instance, our team has experience handling cases where one party’s legal troubles create complications in the family law process. Mr. Sris provides strategic oversight on such complex matters.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Colonial Heights Felony Conviction Divorce Lawyer
Our Richmond location serves clients in Colonial Heights and the surrounding Central Virginia area. We are familiar with the Colonial Heights Circuit Court at 550 Boulevard.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
We serve Colonial Heights and neighboring communities. If you need a felony conviction divorce lawyer near Colonial Heights Circuit Court, contact us for a consultation.
FAQs: Divorce After a Felony in Colonial Heights
Is a felony conviction automatic grounds for divorce in Virginia?
Yes, under Va. Code § 20-91(5), a felony conviction with a sentence of more than one year is a specific fault ground. However, you must provide certified proof of the final conviction and sentence to the Colonial Heights Circuit Court.
How does a felony affect child custody in a Colonial Heights divorce?
It depends. The court must consider the conviction under the “best interests of the child” factors in Va. Code § 20-124.3. It can impact the parent’s fitness, potentially skilled to restricted or supervised visitation to ensure the child’s safety and well-being.
Can I get a divorce based on my spouse’s felony if they are appealing?
Generally, no. Virginia courts typically require the conviction to be final. If an appeal is pending, the conviction may not be considered final for divorce purposes, and you may need to use another ground or wait for the appeal to conclude.
Do I need a different lawyer for the divorce and the criminal case?
It is highly advisable. A criminal defense lawyer handles the felony case, while a divorce after felony lawyer focuses on the family law implications. These are separate legal proceedings with different rules and strategies, though the lawyers may need to coordinate.
What if the felony happened years before the separation?
It can still be used as a ground. Virginia law does not set a time limit for using a felony conviction as grounds for divorce, provided the sentence was for more than one year. However, the timing may affect other issues like spousal support.
For more information, see our pages on divorce in Chesterfield County or criminal defense in Colonial Heights. Return to our Virginia family law hub.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.