Felony Conviction Divorce Lawyer Virginia Beach — 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 imprisoned for one year or more after a felony conviction, you may file for divorce. A felony conviction divorce lawyer Virginia Beach from Law Offices Of SRIS, P.C.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Divorce After a Felony Conviction in Virginia
Virginia law provides specific grounds for divorce, including fault-based reasons like a spouse’s felony conviction. Under Va. Code § 20-91, you can seek a divorce if your spouse has been sentenced to confinement for more than one year after a felony conviction and has been confined for at least one year. This is a distinct legal path separate from a no-fault separation-based divorce. The process is handled in Virginia Beach Circuit Court. A felony conviction divorce lawyer Virginia Beach is essential to handle the evidentiary requirements and potential counter-arguments, ensuring the court recognizes the conviction as valid grounds.
Official Legal Resources
For the full text of Virginia’s divorce statutes, refer to the Virginia Code Title 20, Chapter 6 (official Virginia General Assembly). For local court procedures and forms, visit the Virginia Beach Circuit Court website.
Virginia Beach Procedural Insights for Felony-Based Divorce
Filing for divorce on the grounds of felony conviction in Virginia Beach requires specific steps and evidence. You must provide certified documentation of the conviction and sentence. The Virginia Beach Circuit Court at 2425 Nimmo Parkway handles these filings. Prosecutors and judges scrutinize the documentation closely to ensure the statutory requirements are fully met.
- Gather certified copies of the final felony conviction order and sentencing documents.
- File a Complaint for Divorce with the Virginia Beach Circuit Court Clerk’s Office, citing Va. Code § 20-91(4).
- Ensure proper service of process on your incarcerated spouse, which may involve serving the correctional facility.
- Attend any required hearings to present evidence of the conviction and confinement period.
Potential Outcomes and Considerations
In Virginia Beach, a divorce based on a felony conviction is a fault-based divorce, which can impact decisions on spousal support (alimony) and the equitable division of marital property under Va. Code § 20-107.3.
| Issue | Consideration in Felony Conviction Divorce |
|---|---|
| Grounds Established | Permanent bar to reconciliation; divorce can be granted. |
| Spousal Support | The convicted spouse’s fault may be a factor considered against them in an award. |
| Property Division | Marital property is divided equitably (fairly, not necessarily 50/50). |
| Child Custody | The conviction and incarceration are significant factors in the child’s best interest analysis. |
| Child Support | The incarcerated parent’s income for support calculations may be imputed based on earning capacity. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Beach Family Law Team
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to complex family law matters. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep, firsthand knowledge of the law governing your property division. We understand how a criminal conviction divorce lawyer Virginia Beach must bridge family and criminal law to build a strong case.
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 Experience in Virginia Beach
Our firm has a documented record of favorable outcomes in Virginia Beach courts across all practice areas. For instance, our team has successfully navigated complex cases involving sensitive allegations and high-stakes outcomes. In one matter, attorney Mr. Sris secured a favorable bond reinstatement and charge amendment in a serious felony case in Bedford County, demonstrating our strategic approach to litigation.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Virginia Beach Divorce Lawyers
Our Richmond location serves clients with Virginia Beach family law matters. We are accessible via I-64 and Route 44. If you need a felony conviction divorce lawyer Virginia Beach residents trust, contact us for a near-me consultation. We serve Virginia Beach, Sandbridge, and Oceana.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
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FAQs: Divorce After a Felony Conviction in Virginia Beach
Can I get a divorce in Virginia Beach if my spouse is in prison for a felony?
Yes. Under Va. Code § 20-91(4), you can file for divorce if your spouse has been confined for at least one year after a felony conviction with a sentence of more than one year. A felony conviction divorce lawyer Virginia Beach can help file the necessary paperwork with the Circuit Court.
Does a felony conviction affect child custody in a Virginia divorce?
It depends. The conviction is a major factor under Va. Code § 20-124.3. The court will consider the nature of the felony, its relation to parenting ability, and the child’s best interests. Incarceration limits the convicted parent’s physical custody. A divorce after felony lawyer Virginia Beach can argue how this impacts custody arrangements.
How long does a felony conviction divorce take in Virginia Beach?
It varies. An uncontested divorce on these grounds may finalize in 2-4 months after filing. If contested, it can take 9-18 months. The timeline depends on court scheduling, the complexity of related issues like property division, and whether the incarcerated spouse contests the divorce.
What evidence do I need for a felony-based divorce?
You need certified copies of the final conviction order and sentencing documents proving confinement of over one year. Your criminal conviction divorce lawyer Virginia Beach will obtain these records and file them with your Complaint for Divorce in Virginia Beach Circuit Court to establish the legal ground.
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 felony conviction and incarceration are relevant, but the court also looks at both parties’ needs and earning capacities. Support may be awarded, but collecting from an incarcerated spouse can be challenging.
Related Legal Information
For more information, see our Virginia Family Law Lawyer hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. If you have other legal needs, consider our Virginia Beach Criminal Defense Lawyer or Virginia Beach DUI Lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.