Felony Conviction Divorce Lawyer New Kent County — Protecting Your Rights
A felony conviction can be grounds for divorce in Virginia under Va. Code § 20-91. If you are facing a divorce after a felony conviction in New Kent County, you need a felony conviction divorce lawyer New Kent County who understands the unique legal and procedural challenges. Law Offices Of SRIS, P.C.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Divorce After a Felony Conviction in Virginia
Virginia law provides specific fault grounds for divorce, including a felony conviction. Under Va. Code § 20-91, a spouse may file for divorce if the other spouse has been convicted of a felony and sentenced to confinement for more than one year, provided the parties have not resumed cohabitation after the conviction. This is a complex area of law where the criminal conviction directly impacts the civil divorce proceeding. A criminal conviction divorce lawyer New Kent County can help handle the intersection of these legal systems.
New Kent County Circuit Court handles all divorce filings, including those based on felony grounds. The process requires proper service of the divorce complaint and proof of the conviction, typically through certified court documents. The court will consider the conviction as part of its rulings on equitable distribution of marital property and spousal support under Va. Code § 20-107.3.
Local Procedural Insights for New Kent County
In New Kent County, a divorce based on a felony conviction is filed in the Circuit Court at 12001 Courthouse Circle. The plaintiff must prove the conviction and sentence. The court may consider the circumstances of the felony when making decisions about property division, support, and even custody if children are involved. Having a felony conviction divorce lawyer New Kent County who is familiar with local court procedures is critical.
- Gather certified documentation of the felony conviction and sentencing order.
- File a Complaint for Divorce citing felony conviction grounds at the New Kent County Circuit Court Clerk’s Office.
- Ensure proper service of process on your spouse according to Virginia rules.
- Prepare for potential court hearings to prove the grounds and address related issues like property division.
- Obtain a final decree of divorce from the judge after presenting your case.
Potential Impacts and Legal Strategy
In New Kent County, a divorce based on a felony conviction can affect property division, spousal support, and parental rights, requiring careful legal strategy.
| Legal Issue | Potential Impact of Felony Conviction | Strategic Consideration |
|---|---|---|
| Equitable Distribution | Court may consider fault (the felony) as a factor in dividing marital property. | Argue for a fair division based on all statutory factors under Va. Code § 20-107.3. |
| Spousal Support | The convicted spouse’s ability to pay may be limited due to incarceration; fault may bar support. | Present evidence of financial need and the other spouse’s ability to pay. |
| Child Custody/Visitation | The conviction is a “best interest of the child” factor under Va. Code § 20-124.3. | Develop a parenting plan that addresses safety and the child’s well-being. |
| Grounds for Divorce | Provides a fault-based ground, eliminating the need for a separation period. | Use to expedite the divorce process compared to a no-fault separation. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Case
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to every case. We understand that a divorce after a felony conviction involves overlapping legal challenges. Our approach is to provide clear, case-specific guidance through this difficult process.
For Virginia family law matters, it is important to know that Mr. Sris, our managing attorney, personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3. This deep familiarity with the law governing property division in divorce is an asset in complex cases involving a criminal conviction divorce lawyer New Kent County clients can rely on.
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 Commitment
Our commitment to clients is reflected in our documented results. In New Kent County, we have a record of achieving favorable outcomes for our clients across various practice areas. We handle each case with attention to detail and a focus on the client’s specific goals.
Results may vary. Prior results do not guarantee a similar outcome.
Our team, including experienced attorneys like Mr. Sris, works collaboratively. Mr. Sris, a former prosecutor with a background in accounting and information systems, founded the firm and maintains a selective caseload on complex matters, providing strategic oversight.
Contact Our New Kent County Felony Conviction Divorce Lawyers
Our Richmond location serves clients in New Kent County. We are accessible via I-64 and represent clients at the New Kent County courts. If you need a felony conviction divorce lawyer New Kent County trusts, contact us for a consultation.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
We serve the communities of New Kent, Providence Forge, and Quinton.
Felony Conviction Divorce in New Kent County: FAQs
Is a felony conviction grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91, a felony conviction with a sentence of more than one year is a fault ground for divorce, provided the spouses have not lived together after the conviction.
How does a felony affect child custody in a Virginia divorce?
It depends. The court must decide custody based on the child’s best interests under Va. Code § 20-124.3. A felony conviction is one of ten factors the judge considers, especially if the crime relates to parental fitness or child safety.
Can I get spousal support if my spouse is in prison for a felony?
It depends. The court considers 13 factors under Va. Code § 20-107.1. The convicted spouse’s incarceration and limited income are relevant, but the other spouse’s need and the marital standard of living are also key factors in the decision.
Do I need a lawyer for a divorce based on a felony conviction?
Yes. Proving the legal ground requires specific documentation and procedure. A divorce after felony lawyer New Kent County can ensure proper filing, handle complex property division, and advocate for your interests regarding support and custody.
How long does a fault-based divorce take in New Kent County?
A contested fault-based divorce typically takes 9-18 months in New Kent County Circuit Court. The timeline depends on court scheduling, the complexity of asset division, and whether issues like custody are also disputed.
Related Legal Resources
If you are dealing with a divorce in New Kent County, you may also need information on other legal matters. Our firm also assists with criminal defense in New Kent County and DUI defense in New Kent County. For a broader overview of our family law services, visit our Virginia family law hub page. We also serve clients in nearby areas like Henrico County and Chesterfield County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.