Felony Conviction Divorce Lawyer Colonial Heights, VA
When a spouse is convicted of a felony and sentenced to confinement for more than one year, Virginia law provides a fault‑based ground for divorce without the usual separation period. For residents of Colonial Heights — including communities near Fort Gregg‑Adams, Swift Creek, and along the I‑95 corridor — matters are heard in the Colonial Heights Circuit Court at 550 Boulevard. Law Offices Of SRIS, P.C. Concentrates its practice on family law, including divorce grounded on a spouse’s felony incarceration. Mr. Sris, Owner and Founder of the firm, and his Of Counsel team can evaluate whether this ground applies to your circumstances and help you pursue a dissolution of the marriage. To request a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What a Felony‑Conviction Divorce Means in Colonial Heights
Under Virginia Code § 20‑91, a divorce from the bond of matrimony may be granted on the fault ground that one spouse has been sentenced to confinement for more than one year following a felony conviction. Unlike no‑fault divorce — which requires either a six‑month separation with a written agreement and no minor children, or a one‑year separation — the felony‑incarceration ground does not require the plaintiff to wait out a separation period. The divorce action may be filed once the defendant has been convicted of a felony and the sentence of more than one year has been imposed.
In the City of Colonial Heights and surrounding Chesterfield County, the Circuit Court has exclusive jurisdiction over all divorce suits. The court at 550 Boulevard handles the entry of a final decree of divorce, along with equitable distribution of marital property, spousal support determinations, and, when joined with the divorce, child custody and visitation matters. Standalone custody or support disputes are typically heard in the Colonial Heights Juvenile and Domestic Relations District Court. At least one party must be a bona fide resident and domiciliary of Virginia for six months before the suit is filed, as required by Va. Code § 20‑97.
How Mr. Sris and His Of Counsel Handle Felony‑Conviction Divorce Cases
Mr. Sris and his Of Counsel begin by confirming that the statutory prerequisites are met: a felony conviction, a sentence of confinement exceeding one year, and Virginia residency. If the incarcerated spouse is serving time in a facility outside Virginia but the marriage ties to the Commonwealth exist, venue may still be proper in Colonial Heights Circuit Court. Service of process on an imprisoned person requires compliance with the court’s procedural rules; the firm’s attorneys can manage service through the appropriate channels.
After jurisdiction and service are assured, the focus turns to the ancillary issues that often accompany divorce: equitable distribution of marital property and debts, spousal support where warranted under § 20‑107.1, and child custody and support under §§ 20‑124.2 and 20‑108.1. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised the equitable‑distribution statute — practical insight that informs the firm’s approach to property division in every Virginia divorce. Throughout the process, the firm works toward a final decree that resolves all contested matters and, where possible, avoids unnecessary litigation.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He appears regularly in courts across the Commonwealth, including the Colonial Heights Circuit Court, and oversees all family‑law matters handled by the firm. His Of Counsel team — experienced attorneys engaged through Excella — brings over 120 years of combined legal experience and 4,739+ documented firm-wide results to the representation. Results may vary.
The approach is collaborative, with Mr. Sris and his Of Counsel working together on fact investigation, motion practice, and hearing preparation. The firm maintains a Richmond location that serves clients in Colonial Heights and throughout the Twelfth Judicial District; consultations are available at (888) 437‑7747.
Frequently Asked Questions
What is a felony‑conviction divorce in Virginia?
A felony‑conviction divorce is a fault‑based ground that allows an innocent spouse to obtain a divorce without a separation period. Under Virginia Code § 20-91, a court may grant a divorce when one spouse has been convicted of a felony and sentenced to confinement for more than one year. The filing spouse must be a resident of Virginia for at least six months. The divorce action is filed in the circuit court, and the conviction and sentence must already have been imposed.
Do I need to wait for a separation before filing for divorce on this ground?
No, the felony‑incarceration ground does not require any period of living apart before filing. Unlike Virginia’s no‑fault divorce, which mandates a six‑month or one‑year separation, the fault ground based on a spouse’s felony imprisonment allows the innocent spouse to file the complaint for divorce immediately after the conviction and sentence are final. This can shorten the overall time to obtain a final decree.
How do I serve divorce papers on an incarcerated spouse?
Service on an incarcerated spouse follows the same Virginia rules of civil procedure but requires delivering the summons and complaint to the inmate within the correctional facility. The facility’s procedures for inmate mail or personal delivery must be followed. The firm can arrange service through the sheriff’s office or a private process server experienced with correctional institutions. Proper service is essential for the court to exercise jurisdiction and proceed with the divorce.
What happens to child custody and support in a felony‑conviction divorce?
Custody and support are determined based on the best interests of the child under Virginia law, not automatically altered by the parent’s incarceration. The court considers the factors in Va. Code § 20-124.3, including each parent’s relationship with the child, the child’s needs, and any history of abuse. Incarceration is one factor the court may weigh, but it does not eliminate a parent’s rights. Support obligations may be modified if the incarcerated parent has limited income.
How is marital property divided in this type of divorce?
Property division follows Virginia’s equitable‑distribution statute regardless of the divorce ground. The court classifies assets and debts as marital, separate, or hybrid, then distributes them fairly — not necessarily equally. The eleven statutory factors include the duration of the marriage, each party’s contributions, and the circumstances that led to the dissolution. The felony conviction itself does not automatically deprive the incarcerated spouse of a share of marital property.
Where is the divorce case heard in Colonial Heights?
The divorce case is filed in the Colonial Heights Circuit Court at 550 Boulevard, Colonial Heights, VA 23834. This court has exclusive jurisdiction over divorce, equitable distribution, and spousal support. If child custody or support are contested but handled in a standalone proceeding, those matters may be heard in the Colonial Heights Juvenile and Domestic Relations District Court. The same chief judge, Hon. Matthew Donald Nelson, presides over the circuit court.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related topics: Virginia Family Law Practice | Colonial Heights Divorce Lawyer | Uncontested Divorce in Virginia
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