Felony Conviction Divorce Lawyer Virginia Beach, VA
Under Virginia law, a spouse may seek a divorce on fault grounds when the other spouse has been convicted of a felony and sentenced to incarceration for more than one year. This ground, set out in Va. Code § 20-91, can alter the course of a divorce—affecting the timeline, property division, and spousal support. In Virginia Beach, these matters are heard in the Virginia Beach Circuit Court at 2425 Nimmo Parkway, Bldg 10B. Law Offices Of SRIS, P.C., founded in 1997, represents individuals in felony conviction divorce cases throughout Virginia Beach, Sandbridge, and Oceana. Mr. Sris, a former prosecutor and Owner and Founder of the firm, and his Of Counsel team bring years of experience to family law disputes involving felony convictions. To request a consultation about your situation, reach our Richmond Location at (888) 437-7747.
What Felony Conviction Divorce Means in Virginia Beach, Virginia
Felony conviction divorce is a fault-based ground for ending a marriage in Virginia. Under Va. Code § 20-91, if one spouse is convicted of a felony and sentenced to confinement for more than one year, the other spouse may file for divorce without waiting out the statutory separation period that applies to no-fault cases. The conviction—whether in Virginia or another jurisdiction—can serve as the sole ground, and the divorce may be granted even if the incarcerated spouse does not consent.
In Virginia Beach, the Circuit Court has exclusive jurisdiction over divorce. The court may also address related custody, support, and property issues if they are raised in the divorce proceeding. Because a felony conviction can influence equitable distribution and spousal support under § 20-107.1, a party pursuing a fault-based divorce should understand how the conviction might affect financial outcomes. The Virginia Beach Juvenile and Domestic Relations District Court may handle separate custody or support matters if they are filed outside the divorce case. Mr. Sris and his Of Counsel are familiar with how these courts apply the fault ground and can explain the procedural steps involved.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When a client seeks a divorce based on a spouse’s felony conviction, Mr. Sris and his Of Counsel first examine the conviction record and the sentence imposed to confirm that the statutory requirements of Va. Code § 20-91 are met. They also evaluate whether pursuing a fault ground offers a strategic advantage—such as avoiding a lengthy separation period, influencing spousal support, or strengthening the client’s position in property division. The team works to prepare the divorce complaint and any accompanying motions, and they present the case in the Virginia Beach Circuit Court.
Mr. Sris and his Of Counsel have documented case results across many practice areas since the firm’s founding in 1997. Results may vary. Throughout a felony conviction divorce, the team focuses on protecting the client’s rights regarding custody, visitation, child support, and equitable distribution. They also consider whether a negotiated separation agreement—which can resolve all issues without trial—is feasible under the circumstances. The firm’s approach emphasizes clear communication and a thorough understanding of how Virginia courts assess fault-based divorce petitions.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who began his legal career in criminal trial work before establishing the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background includes an undergraduate focus in accounting and information systems, which contributes to his handling of financial issues in divorce matters.
Mr. Sris works alongside a team of Of Counsel who bring over 120 years of combined legal experience among them and are backed by over 4,739 documented firm-wide results since the firm’s founding in 1997. Results may vary. Together, they assist clients in Virginia Beach and across the Commonwealth with a range of family law matters, including felony conviction divorce, contested divorce, and equitable distribution disputes. Every case is handled with attention to the specific facts and the client’s goals.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based divorce granted when one spouse has been convicted of a felony and sentenced to incarceration for more than one year. This ground, found in Va. Code § 20-91, allows the other spouse to file for divorce without waiting through the separation period required for a no-fault divorce. The conviction must be final, and the sentence must include confinement—not just probation. The divorce petition is filed in the Circuit Court, and the court may address all related issues including property division, spousal support, and custody. Because this is a fault ground, it can affect the financial outcome of the case.
How does a felony conviction affect spousal support and property division in Virginia Beach?
A court may consider the felony conviction when determining spousal support and equitable distribution, though the impact varies by case. Under Va. Code § 20-107.1, a spouse’s fault—including conviction of a felony—can be a factor in awarding or denying spousal support. In equitable distribution, the court weighs many factors, and fault may influence whether the division is equal. The Virginia Beach Circuit Court evaluates the specific circumstances, including the nature of the offense, its financial consequences, and the length of incarceration. An experienced lawyer can explain how these factors may apply to your situation.
Can I file for divorce based on a spouse’s felony conviction if the crime occurred in another state?
Yes, a felony conviction in another jurisdiction may serve as a ground for divorce in Virginia, provided the sentence includes confinement of more than one year. Va. Code § 20-91 does not limit the conviction to Virginia offenses. You must meet Virginia’s residency requirement: at least one party must have been a resident and domiciliary of Virginia for six months before filing. Evidence of the out-of-state conviction must be presented to the Virginia Beach Circuit Court. An attorney can assist with obtaining certified records and establishing that the statutory ground is satisfied.
Do I need to wait until my spouse is sentenced before filing for divorce on the felony conviction ground?
Yes, the divorce ground is available only after the conviction and a sentence of more than one year of confinement have been imposed. If your spouse has been charged but not yet convicted, or if the sentence is still pending, the felony conviction ground does not yet apply. In the meantime, you might consider filing on a no-fault ground, such as one year of separation, or on another fault ground if applicable. A lawyer can evaluate your current circumstances and advise you on the most practical strategy for your case in Virginia Beach.
What happens to child custody when one parent is incarcerated for a felony?
The court makes custody decisions based on the best interests of the child, and incarceration is a significant factor. Under Va. Code § 20-124.3, the court must consider all relevant factors, including each parent’s ability to care for the child. A parent serving a prison sentence is typically unable to exercise physical custody, but they may still seek visitation or maintain legal custody rights. The court may award sole custody to the non-incarcerated parent, although supervised visitation or other arrangements may be ordered. Each case is decided on its specific facts, and outcomes are not guaranteed.
Outbound primary-source authority:
Virginia Code Title 20 (Domestic Relations) · Virginia Beach Circuit Court · Virginia Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.