Felony Conviction Divorce Lawyer James City County — Protecting Your Rights
A felony conviction can be a fault ground for divorce in Virginia under Va. Code § 20-91. If you are facing a divorce after a felony conviction in James City County, you need a felony conviction divorce lawyer from Law Offices Of SRIS, P.C. to protect your parental rights, visitation, and financial interests.
Last verified: April 2026 | Williamsburg/James City County GDC | Virginia General Assembly
In Virginia, a felony conviction with a sentence of one or more years of imprisonment is a statutory fault ground for divorce. This can significantly impact the proceedings, potentially affecting spousal support, property division, and child custody determinations. The court may view the conviction as relevant to a parent’s fitness. handling this requires a criminal conviction divorce lawyer with deep knowledge of both family law and the local court’s approach.
Virginia Law on Divorce After a Felony Conviction
Virginia law provides specific grounds for divorce, including fault-based reasons like a felony conviction. The relevant statute is Va. Code § 20-91. This statute allows a spouse to file for divorce if the other has been convicted of a felony, sentenced to confinement for more than one year, and has been confined after conviction. This is a critical distinction from a no-fault separation. The divorce is handled by the James City County Circuit Court, located at 5201 Monticello Ave, Suite 4, Williamsburg, VA 23188. You can find more information on the court’s official website.
How a Felony Conviction Divorce Lawyer in James City County Can Help
When a felony conviction is involved, the stakes in a divorce are higher. Prosecutors in the Williamsburg/James City County courts are familiar with using criminal records in related family cases. A felony conviction divorce lawyer from our firm understands how to frame your case to mitigate the impact of the conviction on custody and support issues.
- Case Assessment: We review the details of your conviction, sentence, and the specific divorce issues like child custody or asset division.
- Strategy Development: We build a legal strategy that addresses the conviction head-on, focusing on rehabilitation, current stability, and the child’s best interests.
- Negotiation & Mediation: We work to reach a settlement agreement that protects your rights regarding visitation and property without a contentious trial.
- Court Representation: If necessary, we provide vigorous representation in James City County Circuit Court, advocating for a fair outcome based on all relevant factors.
Potential Consequences in a Divorce
In James City County, a divorce involving a felony conviction can affect child custody, visitation schedules, and spousal support awards, as the court considers the conviction under the “best interests of the child” and support factors.
| Issue | Potential Impact of Felony Conviction | Legal Standard |
|---|---|---|
| Child Custody & Visitation | Court may order supervised visitation or limit decision-making authority. The conviction is one of ten “best interest” factors. | Va. Code § 20-124.3 |
| Spousal Support | Conviction may be considered as marital fault, potentially affecting the amount and duration of support. | Va. Code § 20-107.1 |
| Property Division | Generally, Virginia’s equitable distribution law (Va. Code § 20-107.3) focuses on marital property, not fault. However, fault can be a factor in some divisions. | Va. Code § 20-107.3 |
| Grounds for Divorce | Provides immediate fault ground if sentenced to 1+ year and confined. | Va. Code § 20-91 |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Divorce After a Felony
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation in complex family law matters. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the law that governs your 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 Results in James City County
Law Offices Of SRIS, P.C. has 5 total documented case results across all practice areas in James City County, with a 100% favorable outcome rate. Results may vary. Prior results do not guarantee a similar outcome. Our managing attorney, Mr. Sris, provides valuable oversight on complex cases, ensuring every client benefits from his decades of experience as a former prosecutor and firm founder.
Law Offices Of SRIS, P.C. — Richmond Location
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.
Our Richmond location serves clients in James City County, Williamsburg, Norge, Toano, and Lightfoot. We are accessible via I-64 and Route 60. If you need a felony conviction divorce lawyer near James City County, contact us for a confidential consultation.
FAQs: Divorce After a Felony Conviction in James City County
Is a felony conviction automatic grounds for divorce in Virginia?
Yes, under Va. Code § 20-91, a felony conviction with a sentence of one year or more of confinement is a specific fault ground for divorce.
Will I lose custody of my children because of a felony conviction?
It depends. The court considers the conviction as one factor under the “best interests of the child” standard (Va. Code § 20-124.3). Factors like the nature of the crime, time since conviction, evidence of rehabilitation, and the current parent-child relationship are all critical. A felony conviction divorce lawyer can present your case favorably.
How does a felony conviction affect spousal support?
A felony conviction can be considered as marital fault under Va. Code § 20-107.1, which may influence the court’s decision on the amount and duration of spousal support. The judge has discretion in weighing this factor among others.
Can I get a divorce if my spouse is currently incarcerated for a felony?
Yes. Incarceration for a felony meeting the one-year sentence requirement is grounds for divorce. The process can proceed even if your spouse is in prison, though service of legal papers follows specific rules.
Where is the divorce filed in James City County?
Divorces, including those based on felony conviction grounds, are filed with the James City County Circuit Court at 5201 Monticello Ave, Suite 4, Williamsburg, VA 23188.
For more information, see our Virginia Family Law hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. If you have other legal needs, consider our James City County criminal defense lawyers.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.