Dinwiddie County Felony Conviction Divorce Lawyer — Protecting Your Rights
A felony conviction can be a fault ground for divorce in Virginia under Va. Code § 20-91, requiring imprisonment for one year or more. This adds significant complexity to property division, child custody, and support matters in Dinwiddie County. A felony conviction divorce lawyer from the Law Offices Of SRIS, P.C.
Last verified: April 2026 | Dinwiddie County General District Court | Virginia General Assembly
Virginia Law on Divorce After a Felony Conviction
Virginia law provides specific fault grounds for divorce, including a felony conviction. Under Va. Code § 20-91(4), 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 sentence has been served or is being served. This is distinct from no-fault separation grounds. The conviction must be final, and the sentence must meet the statutory length. This ground can impact the court’s view of the marital breakdown and influence decisions on spousal support and equitable distribution, even though Virginia is not a community property state.
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, visit the Dinwiddie County Combined Courts website.
Handling a Divorce After a Felony in Dinwiddie County
When a felony conviction is involved, the divorce process in Dinwiddie County requires careful handling. The convicted spouse’s incarceration can complicate filing deadlines, court appearances, and negotiations. The conviction itself becomes a central issue, potentially affecting the other spouse’s claims for support and the division of assets. A criminal conviction divorce lawyer must address how the conviction impacts parenting ability in custody disputes under the “best interests of the child” standard.
- Gather all documentation related to the felony conviction, including the final sentencing order.
- File a Complaint for Divorce in Dinwiddie County Circuit Court, citing the felony conviction as a fault ground under Va. Code § 20-91.
- Serve the divorce papers on your spouse, which may require special arrangements if they are incarcerated.
- Prepare for hearings on pendente lite (temporary) matters like support and custody, presenting arguments on how the conviction affects these issues.
- handle settlement negotiations or a trial, where the conviction’s impact on equitable distribution and support will be argued.
- Obtain a Final Decree of Divorce from the court, which will address all resolved matters.
Potential Impacts and Considerations
In Dinwiddie County, a divorce based on a felony conviction can influence spousal support, asset division, and, most significantly, child custody and visitation arrangements.
| Legal Issue | Potential Impact of Felony Conviction |
|---|---|
| Spousal Support | The court may consider the conviction as a factor affecting the supporting spouse’s ability to pay or the receiving spouse’s need. |
| Equitable Distribution | While the conviction itself may not directly alter property division, conduct that led to dissipation of assets could be considered. |
| Child Custody | The conviction is a major factor under Va. Code § 20-124.3, especially if the crime relates to violence, abuse, or moral turpitude affecting the child’s welfare. |
| Visitation | Courts may order supervised visitation or impose specific conditions to ensure the child’s safety. |
| Legal Fees | Cases involving fault grounds and complex custody issues typically incur higher legal costs due to increased litigation. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Case
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our firm has a documented record of favorable outcomes. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in family law at the legislative level. We understand how a criminal record intersects with family court proceedings.
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
Our team, including Mr. Sris, works collaboratively. Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides strategic oversight on cases involving complex financial issues often present when a felony conviction is involved.
Case Results in Dinwiddie County
Our firm has achieved documented results in Dinwiddie County courts across various practice areas. In one traffic matter, we successfully had a reckless driving charge amended to defective equipment. Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Dinwiddie County Felony Conviction Divorce Lawyer
Our Richmond location serves clients in Dinwiddie County, with the Dinwiddie Courthouse accessible via I-85, Route 1, and Route 460. We are a felony conviction divorce lawyer near Dinwiddie and McKenney. We offer 24/7 phone consultations — meetings are by appointment only.
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
By appointment only.
FAQs: Divorce After a Felony Conviction in Virginia
Is a felony conviction automatic grounds for divorce in Virginia?
Yes, but specific conditions apply. Under Va. Code § 20-91, the convicted spouse must have been sentenced to confinement for more than one year, and the sentence must have been served or be currently served.
How does a felony conviction affect child custody in Virginia?
It depends heavily on the crime’s nature. Under Va. Code § 20-124.3, the court must consider any history of family abuse or criminal activity that affects the child’s welfare. Violent felonies or crimes against minors severely impact custody and may lead to supervised visitation.
Can I get a divorce if my spouse is in prison for a felony?
Yes. You can file for divorce using the felony conviction as a fault ground. Service of process can be completed at the correctional facility, and the incarcerated spouse may participate in hearings via video or through appointed counsel.
Will a felony conviction guarantee I pay more spousal support?
Not guaranteed, but it is a factor. Virginia courts consider the obligations and needs of each party. A conviction skilled to lost income could affect the ability to pay support, while a conviction for marital misconduct could influence a support award to the innocent spouse.
How long does a fault-based divorce take in Dinwiddie County?
It varies. A contested fault divorce, especially with a felony conviction involved, typically takes 9-18 months or longer in Dinwiddie County Circuit Court, depending on the complexity of custody and asset issues.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.