Felony Conviction Divorce Lawyer Prince George County — What Are Your Rights?
A spouse’s felony conviction is a fault ground for divorce in Virginia under Va. Code § 20-91, requiring one year of imprisonment. A felony conviction divorce lawyer Prince George County from Law Offices Of SRIS, P.C. can advise on how this impacts equitable distribution and custody. Our firm has handled complex family law cases involving criminal convictions. Call (888) 437-7747 for a consultation.
Last verified: April 2026 | Prince George County Circuit Court | Virginia General Assembly
Virginia law provides specific fault grounds for divorce, including a spouse’s felony conviction and subsequent imprisonment for one year or more. This is distinct from no-fault separation. Proving this ground requires presenting certified court records of the conviction and sentence. A felony conviction divorce lawyer Prince George County understands the procedural requirements at the Prince George County Circuit Court, located at 6601 Courts Drive.
Mr. Sris, the firm’s founder and a former prosecutor, personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. This deep legislative experience informs our approach to cases where a criminal conviction intersects with divorce proceedings, potentially affecting property division and support arguments.
Virginia Statutes and Court Resources
The primary statute governing divorce on the grounds of felony conviction is Va. Code § 20-91 (official Virginia General Assembly). All divorce and equitable distribution cases are filed at the Prince George County Circuit Court.
- Gather certified documentation of the felony conviction and proof of imprisonment for at least one year.
- File a Complaint for Divorce citing fault grounds under Va. Code § 20-91 at the Prince George County Circuit Court clerk’s office.
- Serve the complaint on your incarcerated spouse through the correctional facility’s authorized agent.
- Schedule a hearing to present evidence of the conviction; uncontested hearings may proceed by affidavit if the incarcerated spouse does not contest.
- Address related issues of equitable distribution, debt allocation, and custody in a separate hearing or through a settlement agreement.
- Obtain the final decree of divorce from the Circuit Court judge.
How a Felony Conviction Impacts Divorce Proceedings
In Prince George County, a divorce based on a spouse’s felony conviction is a fault-based proceeding that can affect spousal support and the division of marital assets under judicial discretion.
| Legal Aspect | Impact of Felony Conviction | Governing Statute |
|---|---|---|
| Divorce Ground | Fault ground; requires 1+ year imprisonment. | Va. Code § 20-91(4) |
| Spousal Support | Court may consider fault as a factor in awarding or denying support. | Va. Code § 20-107.1 |
| Equitable Distribution | Fault is not a direct factor, but conduct affecting marital finances may be considered. | Va. Code § 20-107.3 |
| Child Custody | Conviction and imprisonment are significant factors in the child’s best interest analysis. | Va. Code § 20-124.3 |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Authority in Complex Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm’s combined attorney experience exceeds 120 years. We have a documented record of over 4,739 case results with a favorable outcome rate exceeding 93% firm-wide. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation. Mr. Sris personally drafted and secured passage of an amendment to Virginia’s central equitable distribution statute, Va. Code § 20-107.3, demonstrating unique legislative insight applicable to complex divorces.
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 Experience
Our firm has extensive experience handling the intersection of criminal and family law. In Prince George County, we have documented case results across all practice areas. For instance, our attorneys have successfully managed cases where a spouse’s incarceration required creative solutions for service of process, temporary support hearings, and protecting children’s interests. Mr. Sris provides strategic oversight on such complex matters, leveraging his background as a former prosecutor and his deep understanding of Virginia’s family law statutes.
Results may vary. Prior results do not guarantee a similar outcome.
Prince George County Family Law Legal Help
Our Richmond location serves clients at the Prince George County courts (6601 Courts Drive). We are accessible via I-295, Route 10, and Route 36. If you need a felony conviction divorce lawyer near Prince George County or the Hopewell area, we are available to help.
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. 24/7 phone consultations.
Felony Conviction Divorce FAQs
Is a felony conviction grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91, a divorce can be granted if your spouse is convicted of a felony and sentenced to confinement for one year or more, and you have not resumed cohabitation after knowledge of the conviction.
How does a felony conviction affect child custody in a divorce?
It depends. The court must decide custody based on the child’s best interests under Va. Code § 20-124.3. A felony conviction, especially for a violent crime, is a major factor the judge will consider regarding a parent’s fitness and ability to provide a safe environment.
Can I get a divorce if my spouse is in prison for a felony?
Yes. You can file for divorce on the grounds of felony conviction. The complaint must be served on your spouse through the correctional facility. The process may involve different procedures for serving legal papers and conducting hearings.
Do I need a criminal conviction divorce lawyer Prince George County for this?
It is highly advisable. A lawyer experienced in both family law and the procedural rules for serving incarcerated individuals can ensure your case is filed correctly. They can also argue how the conviction impacts related issues like support and property division.
What if the felony conviction happened after we separated?
It depends on the timing and your prior knowledge. If the conviction and imprisonment occur during the separation period and meet the one-year requirement, it may still serve as a fault ground. A lawyer can review the specific facts of your case.
For more information, see our Virginia Family Law Lawyer hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. For other legal needs in Prince George County, consider our criminal defense or personal injury attorneys.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.