Felony Conviction Divorce Lawyer Poquoson — 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 Poquoson, you need a felony conviction divorce lawyer from Law Offices Of SRIS, P.C. to protect your parental rights, property interests, and future. Our firm has handled complex family law matters across Virginia since 1997.
Divorce Law and Felony Convictions in Virginia
Virginia law provides specific grounds for divorce, including fault-based grounds like a felony conviction. Under Va. Code § 20-91, a court may grant a divorce from bed and board or a divorce from the bonds of matrimony if one spouse has been convicted of a felony and sentenced to confinement for more than one year, and cohabitation has not been resumed after the conviction. This is a critical distinction from no-fault separation periods.
Last verified: April 2026 | Poquoson Circuit Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm brings a deep understanding of how criminal and family law intersect. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team unique insight into property division arguments that may arise in these sensitive cases.
Official Legal Resources
- Va. Code § 20-91 (Official Virginia Law) – Lists felony conviction as a fault ground for divorce.
- Poquoson Courts Website – Official site for Poquoson Circuit and General District Courts.
handling a Poquoson Divorce After a Felony Conviction
The procedural path for a divorce after a felony conviction in Poquoson involves specific steps in the Poquoson Circuit Court. The fact of a conviction can significantly impact negotiations and court rulings on custody, visitation, and property division. A criminal conviction divorce lawyer Poquoson understands that prosecutors in the Eighth Judicial District may be involved if the conviction is recent, and can anticipate how that history is viewed in family court.
- Case Evaluation: A felony conviction divorce lawyer Poquoson will review your conviction, sentence, and the specific divorce complaints filed.
- Filing the Response: Your attorney will file an answer to the divorce complaint, addressing the allegation of a felony conviction.
- Discovery & Strategy: This phase involves gathering evidence, which may include court records from your criminal case, to build a position on custody, support, and asset division.
- Negotiation or Trial: Your lawyer will work to reach a settlement on all issues. If an agreement isn’t possible, they will advocate for you at a trial before a Poquoson Circuit Court judge.
How a Felony Conviction Impacts Your Divorce Case
In Poquoson, a felony conviction can be used as fault grounds for divorce, potentially affecting decisions on alimony, child custody, and the division of marital assets.
| Divorce Aspect | Potential Impact of a Felony Conviction |
|---|---|
| Custody & Visitation | The court must decide based on the child’s best interests (Va. Code § 20-124.3). A conviction, especially for a violent crime, can be a major factor against awarding primary custody. |
| Spousal Support | Fault, including a felony conviction, can be considered by the court under Va. Code § 20-107.1 and may affect the amount or duration of support awarded. |
| Property Division | Virginia is an equitable distribution state. While fault generally doesn’t affect property division, dissipation of assets due to criminal activity might be considered. |
| Grounds for Divorce | Serves as immediate fault grounds, eliminating the need for a separation period required in no-fault divorces. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Case
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to every case. Our founder, Mr. Sris, is a former prosecutor who personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). This unique background is invaluable when your divorce involves the complex interplay of a criminal record and family law. We have a documented record of achieving favorable outcomes for our clients in challenging family law situations.
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
Our firm has a documented record of favorable outcomes in family law across Virginia. In Poquoson and the surrounding Eighth Judicial District, we use our deep understanding of local court procedures. For instance, our team, including Mr. Sris who brings his prosecutorial and legislative experience, has successfully argued for the protection of parental rights and fair asset division in cases where one party’s criminal history was a central issue. Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Poquoson Felony Conviction Divorce Lawyers
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.
Our Richmond location serves clients at the Poquoson courts (500 City Hall Avenue). We provide 24/7 phone consultations — meetings are by appointment only. We serve Poquoson and surrounding communities.
FAQs: Divorce After a Felony Conviction in Poquoson
Is a felony conviction automatic grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91, a felony conviction with a sentence of more than one year is a specific fault ground for divorce. The innocent spouse can file immediately 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 under Va. Code § 20-124.3. A felony conviction is a significant factor, but not an automatic bar. The nature of the crime, time since conviction, rehabilitation, and current parenting ability are all considered. A felony conviction divorce lawyer Poquoson can present evidence to support your parental fitness.
Can I get alimony if my spouse divorces me due to my felony conviction?
It is less likely. Virginia law (Va. Code § 20-107.1) allows the court to consider the grounds for divorce when awarding spousal support. If you are at fault due to a felony conviction, the court may reduce or deny an alimony award to you.
How does a felony conviction affect property division in a Virginia divorce?
Generally, Virginia’s equitable distribution system (Va. Code § 20-107.3) focuses on dividing marital property fairly, not punishing fault. However, if marital assets were dissipated (wasted) due to criminal activity, the court may account for that. The conviction itself typically does not directly change the percentage split of assets.
What should I do first if served with divorce papers citing my felony conviction?
Contact a criminal conviction divorce lawyer Poquoson immediately. You have a limited time to file a response. An attorney can protect your rights, advise you on the allegations, and begin building a strategy addressing custody, support, and property issues in light of your conviction.
Related Legal Help in Poquoson
If you are dealing with a divorce after a felony conviction, you may also need information on: Poquoson criminal defense lawyers, Poquoson DUI attorneys, and Virginia family law attorneys. For cases in nearby areas, see our pages for Henrico County divorce lawyers and Chesterfield County divorce lawyers.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.