Felony Conviction Divorce Lawyer Henrico County — Protecting Your Rights
A felony conviction can be a fault ground for divorce in Virginia under Va. Code § 20-91. If your spouse has been convicted of a felony and sentenced to confinement for one year or more, you may file for divorce in Henrico County Circuit Court. A felony conviction divorce lawyer Henrico County from Law Offices Of SRIS, P.C.
Statutory Grounds for Divorce After a Felony Conviction in Virginia
Virginia law provides specific fault-based grounds for divorce, including a spouse’s felony conviction. Under Va. Code § 20-91(A)(iv), a divorce may be granted when a spouse has been convicted of a felony, sentenced to confinement for more than one year, and has been confined after conviction. This statute requires the sentence to be served, not suspended. The confinement must occur after the conviction date, and the petition must be filed after the confinement begins. This legal standard is precise, and proving it requires certified court documents from the criminal case.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
Official Legal Resources
For the official text of Virginia’s divorce statutes, refer to Va. Code § 20-91 (official Virginia General Assembly). For local court procedures, visit the Henrico County Circuit Court website.
Procedural Edge in Henrico County for Felony Conviction Divorces
Henrico County Circuit Court handles all divorce, equitable distribution, and spousal support matters. Filing for divorce based on a felony conviction requires presenting certified copies of the conviction and sentencing orders as evidence. The court will scrutinize whether the statutory requirements for confinement are met. A criminal conviction divorce lawyer Henrico County understands that timing is critical; the petition must be filed after confinement begins. Virginia requires at least one corroborating witness for an uncontested divorce hearing, even in fault-based cases.
- Gather certified documentation of the felony conviction and sentencing order from the criminal court.
- File a Complaint for Divorce citing Va. Code § 20-91(A)(iv) with the Henrico County Circuit Court Clerk’s Office.
- Ensure proper service of process on your spouse, who may be incarcerated.
- Present your evidence, including certified records and witness testimony, at the final divorce hearing.
- Obtain the final decree of divorce from the judge, which may also address related issues like property division.
Legal Implications and Considerations
In Henrico County, a divorce based on a felony conviction is a fault ground, which can impact decisions on spousal support and equitable distribution under Virginia’s discretionary factors.
| Aspect | Classification | Legal Impact | Considerations |
|---|---|---|---|
| Divorce Ground | Fault (Va. Code § 20-91) | No mandatory waiting period like separation. | Must prove conviction & confinement >1 year. |
| Spousal Support | Court Discretion | Fault can be a factor in awarding or denying support. | Analyzed under Va. Code § 20-107.1 factors. |
| Property Division | Equitable Distribution | Fault is not a primary factor but can be considered. | Governed by Va. Code § 20-107.3. |
| Custody/Visitation | Best Interests of Child | Conviction is a factor in parenting determinations. | Addressed in J&DR Court or as part of divorce. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Divorce After a Felony Conviction
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our deep understanding of both criminal law and family law procedures is critical when a divorce after felony lawyer Henrico County is needed. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating a significant influence on the very laws that may govern your case. We have a documented record of favorable outcomes in Henrico County courts.
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 and Client Advocacy
Law Offices Of SRIS, P.C. has 21 total documented case results across all practice areas in Henrico County with a 100% favorable outcome rate. Our team, including secondary counsel Mr. Sris—a former prosecutor who founded the firm and personally amended Virginia’s equitable distribution statute—approaches each case with a strategic focus on protecting your rights and achieving a resolution that addresses the unique complications introduced by a criminal conviction.
Results may vary. Prior results do not guarantee a similar outcome.
Local Legal Support for Henrico County Residents
Our Richmond location serves clients at the Henrico County courts (4301 East Parham Road). We are your local felony conviction divorce lawyer Henrico County, near Glen Allen, Short Pump, and Innsbrook. We offer 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
By appointment only.
Frequently Asked Questions: Divorce After a Felony Conviction
Can I get a divorce in Virginia if my spouse is in prison for a felony?
Yes. Virginia law (Va. Code § 20-91) allows divorce when a spouse is confined for over one year after a felony conviction. You must file in the circuit court of the county where you reside.
Does a felony conviction affect child custody in a divorce?
It depends. The conviction is one factor under the child’s best interest standard (Va. Code § 20-124.3). The court considers the nature of the crime, its relation to parenting, and the child’s safety.
How long does a divorce take based on a felony conviction in Henrico County?
An uncontested fault divorce can take 2-4 months from filing. If contested on other issues like property, it can take 9-18 months. The felony ground itself, if proven, does not have a waiting period.
What evidence do I need for a felony conviction divorce?
You need certified copies of the felony conviction order and the sentencing order showing confinement for more than one year. A criminal conviction divorce lawyer Henrico County can help obtain these documents.
Can I get spousal support if my spouse is in prison?
It depends. The court has discretion. While the incarcerated spouse’s ability to pay is limited, the court may consider assets or future earnings. The felony conviction itself may also be a factor under Va. Code § 20-107.1.
Related Legal Information
If you are facing a divorce in Henrico County, you may also need information on Virginia family law. For support in nearby areas, consider our divorce lawyer in Chesterfield County or divorce lawyer in Hanover County. For other legal needs in Henrico, see our criminal defense lawyer or DUI lawyer pages.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.