Felony Conviction Divorce Lawyer Goochland County — Protecting Your Rights
A felony conviction can be a fault ground for divorce in Virginia under Va. Code § 20-91, impacting custody, support, and property division. A felony conviction divorce lawyer Goochland County from Law Offices Of SRIS, P.C. provides essential defense for your parental and financial rights. Our firm has documented results in Goochland County. Call (888) 437-7747 for a 24/7 consultation.
Virginia Law on Divorce After a Felony Conviction
Virginia law provides specific fault-based grounds for divorce, including a spouse’s felony conviction. Under Va. Code § 20-91(A)(iv), a divorce can be granted if one spouse has been convicted of a felony and sentenced to confinement for more than one year, provided the parties have not cohabited after the conviction. This statute allows the innocent spouse to seek a divorce without the mandatory separation periods required for no-fault divorces. The law is designed to address situations where a spouse’s criminal conduct fundamentally breaches the marital relationship.
Last verified: April 2026 | Goochland County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s divorce statutes, refer to the official Va. Code § 20-91 (official Virginia General Assembly). For local court procedures and forms, visit the Goochland County General District Court website.
How a Felony Conviction Impacts Your Goochland County Divorce
A felony conviction introduces significant complexity into divorce proceedings in Goochland County Circuit Court. It directly affects the grounds for divorce and can heavily influence decisions on child custody, visitation, and the division of marital assets. Prosecutors and the court will scrutinize the nature of the conviction, especially in cases involving crimes against persons or moral turpitude. The convicted spouse may face an uphill battle in custody disputes, as the court’s primary concern is the child’s best interests under Va. Code § 20-124.3.
- Consult a felony conviction divorce lawyer immediately to understand how the specific conviction impacts your case.
- Gather all court documents related to the felony conviction, sentencing, and any probation terms.
- Prepare for a custody evaluation if children are involved, as the conviction will be a central focus.
- Negotiate or litigate property division with the understanding that the conviction may affect equitable distribution arguments.
- Attend all court hearings and comply with any court-ordered requirements, such as parenting classes or counseling.
Potential Consequences in a Divorce
In Goochland County, a felony conviction in a divorce can lead to loss of custody, restricted visitation, unfavorable support orders, and an unequal division of marital property.
| Issue | Potential Impact of Felony Conviction | Governing Statute |
|---|---|---|
| Child Custody | Significantly reduced likelihood of primary physical custody; supervised visitation may be ordered. | Va. Code § 20-124.3 |
| Child/Spousal Support | Support obligations are still enforced, but incarceration may complicate income calculations and payment. | Va. Code §§ 20-107.1, 20-108.1 |
| Property Division | Court may consider the conviction’s financial impact on the family, potentially affecting equitable distribution. | Va. Code § 20-107.3 |
| Divorce Grounds | Provides immediate fault ground for divorce for the innocent spouse, bypassing separation periods. | Va. Code § 20-91(A)(iv) |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Goochland County Felony Conviction Divorce Lawyers
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. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep legislative insight. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand how to defend your parental rights and financial interests when a criminal conviction is a factor in your divorce.
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 a documented record of favorable outcomes in challenging family law cases. While every case is unique, our strategic approach focuses on protecting client rights in difficult circumstances. For instance, our team, including secondary counsel Mr. Sris—a former prosecutor with a background in accounting—has successfully negotiated custody agreements and property settlements where a spouse’s criminal history was a central issue.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Goochland County Felony Conviction Divorce Lawyers
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
Availability: 24/7 phone consultations — meetings by appointment only.
Our Richmond location serves clients in Goochland County and the surrounding communities of Goochland, Crozier, and Oilville, providing accessible legal support for your divorce after felony lawyer Goochland County needs.
FAQs: Divorce After a Felony Conviction in Goochland County
Can my spouse get a divorce because of my felony conviction?
Yes. Under Va. Code § 20-91(A)(iv), a felony conviction with a sentence of more than one year is a fault ground for divorce in Virginia, allowing your spouse to file without a separation period.
Will I lose custody of my children because of a felony conviction?
It depends. The court decides custody based on the child’s best interests. A felony conviction, especially for a violent crime, is a major negative factor, but a strong criminal conviction divorce lawyer Goochland County can present evidence of rehabilitation and a stable home environment to advocate for parental rights.
How does a felony affect property division in a Virginia divorce?
Virginia is an equitable distribution state. While the conviction itself may not directly cause an unequal split, the court can consider its financial consequences on the family (e.g., legal fees, loss of income) under the factors in Va. Code § 20-107.3.
What if I was convicted but not sentenced to over a year in prison?
If your sentence was one year or less, it does not qualify as a fault ground under § 20-91(A)(iv). Your spouse would need to use another fault ground (like cruelty or adultery) or pursue a no-fault divorce based on separation.
Can I get a divorce if my spouse was convicted of a felony?
Yes. You can file for divorce on the grounds of felony conviction, provided you have not lived together as husband and wife after learning of the conviction. This bypasses Virginia’s standard separation waiting periods.
Related Legal Services: If you are facing other legal challenges, our firm also provides representation for criminal defense in Goochland County and DUI/DWI charges in Goochland County. For more information on family law across Virginia, visit our Virginia Family Law hub page. We also assist clients in neighboring areas like Henrico County and Chesterfield County.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal guidance regarding your felony conviction divorce in Goochland County.