Felony Conviction Divorce Lawyer in Fluvanna County, Virginia
A spouse’s felony conviction is a fault ground for divorce in Virginia under Va. Code § 20-91. In Fluvanna County, this can significantly impact property division, spousal support, and custody. Law Offices Of SRIS, P.C. provides full representation for divorce after a felony conviction. Our firm has 4,739+ documented case results with over 93% favorable outcomes. Call (888) 437-7747 for a 24/7 consultation.
Last verified: April 2026 | Fluvanna County General District Court | Virginia General Assembly
Virginia law provides specific fault grounds for divorce, including a felony conviction. Under Va. Code § 20-91, you can file for divorce if your spouse has been convicted of a felony and sentenced to confinement for more than one year, provided the conviction occurred after the marriage and before you filed. This is distinct from a no-fault separation. Proving this ground requires presenting a certified copy of the final conviction order from the court of record. The Fluvanna County Circuit Court handles all divorce filings, including those based on felony convictions.
For a felony conviction to serve as grounds, the sentence must involve confinement. A suspended sentence may still qualify if the imposed term is over one year. The convicted spouse does not need to be currently incarcerated at the time of filing. This fault ground can influence other aspects of your case, such as equitable distribution of assets and spousal support, as the court may consider the misconduct.
Official Virginia Legal Resources
You can review the full text of the statute at the Virginia General Assembly website (Va. Code § 20-91). For local court procedures and forms, visit the Fluvanna County Courts website.
Handling a Divorce After a Felony Conviction in Fluvanna County
Filing for divorce based on a felony conviction in Fluvanna County involves specific procedural steps. You must file a Complaint for Divorce in the Fluvanna County Circuit Court, clearly stating the felony conviction as the ground. The certified conviction order is a required exhibit. The court will also need to establish personal jurisdiction over your spouse, which can be complex if they are incarcerated.
- Gather the certified final order of conviction and sentencing from the court where the felony was adjudicated.
- File a Complaint for Divorce with the Fluvanna County Circuit Court Clerk’s Office, paying the $86 filing fee and attaching the conviction order.
- Arrange for service of process on your spouse, which may require coordination with a correctional facility if they are incarcerated.
- If your spouse contests the divorce, prepare for a hearing where you will present the conviction as evidence to prove the fault ground.
- Address related issues of equitable distribution, support, and custody in your filings, as the court will resolve all marital matters in the final decree.
In Fluvanna County, using a felony conviction as grounds for divorce requires proving a final conviction with a sentence of over one year of confinement, which can affect the overall outcome of property and support decisions.
| Grounds | Legal Standard | Proof Required | Impact on Case |
|---|---|---|---|
| Felony Conviction (Va. Code § 20-91) | Spouse convicted of felony, sentenced to >1 year confinement after marriage. | Certified copy of final conviction & sentencing order. | Fault ground; can influence equitable distribution & spousal support awards. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Felony Conviction Divorce
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep insight into how fault grounds like felony convictions can affect property division in Fluvanna County. We understand the procedural nuances of filing when a spouse is incarcerated and how to present certified court documents effectively.
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 firm-wide record includes 4,739+ documented case results with a favorable outcome rate of over 93%. While specific results in Fluvanna County are part of our broader practice, our team is familiar with the local court. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on all cases, ensuring a strong approach to proving fault grounds and protecting your interests.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients in Fluvanna County, including Palmyra, Fork Union, and Lake Monticello. We are accessible via Route 15 and Route 6. If you need a felony conviction divorce lawyer near Fluvanna County, contact us for a consultation.
Frequently Asked Questions: Divorce After a Felony Conviction
Is a felony conviction grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91(4), a felony conviction with a sentence of more than one year of confinement is a fault ground for divorce. You must provide a certified copy of the final conviction order to the Fluvanna County Circuit Court.
How does a felony conviction affect property division in a divorce?
It depends. Virginia is an equitable distribution state. While a felony conviction is a fault ground for divorce, its direct impact on dividing assets is not automatic. The court may consider marital misconduct, including the circumstances of the conviction, as one factor under Va. Code § 20-107.3 when determining a fair, but not necessarily equal, division.
Can I get a divorce if my spouse is in prison for a felony?
Yes. You can file for divorce in Fluvanna County based on the felony conviction ground even if your spouse is incarcerated. The process requires proper service of the divorce papers at the correctional facility and presenting proof of the final conviction to the court.
What if the felony conviction is being appealed?
You likely cannot use it as grounds until the appeal is final. Fluvanna County Circuit Court typically requires a final, non-appealable conviction order. If the conviction is overturned on appeal, the ground for divorce based on that conviction may fail.
Do I need a lawyer for a divorce after a felony conviction?
Yes. Proving a fault ground like a felony conviction requires specific legal procedures and evidence. A criminal conviction divorce lawyer in Fluvanna County can ensure proper filing, service, and presentation of the certified documents, while also handling related issues like asset division and custody.
Related Legal Help in Fluvanna County
If you are dealing with a divorce after a felony, you may also need information on other legal matters. Our firm assists with criminal defense in Fluvanna County and DUI defense. For more family law resources, visit our Virginia family law hub. We also serve neighboring 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.