Felony Conviction Divorce Lawyer Albemarle County — Protecting Your Rights
A felony conviction can be used as a fault ground for divorce in Virginia under Va. Code § 20-91. In Albemarle County, this adds significant complexity to property division, custody, and support. Law Offices Of SRIS, P.C. provides strategic defense for spouses facing divorce after a felony conviction in Albemarle County.
Virginia Law on Divorce After a Felony Conviction
Virginia law provides specific fault grounds for divorce, including a spouse’s felony conviction and imprisonment for more than one year. This is codified under Va. Code § 20-91. When a felony conviction is cited as grounds, it can influence the court’s decisions on equitable distribution of marital property under Va. Code § 20-107.3 and spousal support. The convicted spouse may be at a disadvantage, as the court can consider the circumstances and conduct of the parties skilled to the dissolution of the marriage.
Last verified: April 2026 | Albemarle County Circuit Court | Virginia General Assembly
- Consult a Specialized Attorney: Immediately seek counsel from a criminal conviction divorce lawyer in Albemarle County familiar with both family and criminal law interplay.
- Gather Documentation: Collect all court documents related to the felony conviction, sentencing, and any probation terms.
- Analyze Marital Impact: Work with your attorney to assess how the conviction affected marital assets, debts, and family stability.
- Prepare for Custody Factors: If children are involved, prepare to address how the conviction impacts the best interests of the child under Va. Code § 20-124.3.
- File or Respond to Pleadings: Your attorney will file the divorce complaint citing fault grounds or respond to a complaint filed against you.
- Negotiate or Litigate: Aim for a negotiated settlement via a property settlement agreement. If not possible, prepare for litigation in Albemarle County Circuit Court.
Potential Consequences in a Felony Conviction Divorce
In Albemarle County, a divorce citing felony conviction grounds can affect property division, spousal support, and child custody, potentially disadvantaging the convicted spouse.
| Legal Issue | Potential Impact of Felony Conviction | Governing Statute |
|---|---|---|
| Equitable Distribution | Court may award a larger share of marital property to the innocent spouse. | Va. Code § 20-107.3 |
| Spousal Support | Conviction conduct is a factor; support may be increased for the innocent spouse or denied to the convicted spouse. | Va. Code § 20-107.1 |
| Child Custody | The conviction is analyzed under the child’s best interest factors, potentially limiting custody or visitation. | Va. Code § 20-124.3 |
| Child Support | Obligation is based on guidelines, but incarceration can complicate income calculation and payment. | Va. Code § 20-108.1 |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Felony Conviction Divorce
Founded in 1997 by former prosecutor Mr. Sris, our firm brings over 120 years of combined legal experience to complex family law cases. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving us deep, firsthand knowledge of the law we use to defend clients. We understand how a criminal record intersects with divorce proceedings and work to protect your parental and financial rights.
Case Results and Client Advocacy
Our firm has a documented record of favorable outcomes. In Albemarle County, we have achieved results for clients across various practice areas. We approach each felony conviction divorce case with a strategy aimed at mitigating the impact of the criminal record on the final divorce decree.
Results may vary. Prior results do not aim for a similar outcome.
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) 609-0069
By appointment only.
Our Richmond location serves clients in Albemarle County. We are accessible via I-64 and Route 29. Serving the Charlottesville area, Crozet, Earlysville, Ivy, and North Garden. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Felony Conviction Divorce Lawyer Albemarle County FAQs
Can a felony conviction affect child custody in Virginia?
Yes. Under Va. Code § 20-124.3, the court must consider any history of family abuse or criminal activity that affects the child’s well-being. The nature, severity, and recency of the felony are all evaluated in the child’s best interest analysis.
How does a felony conviction impact property division?
It depends. Va. Code § 20-107.3 allows the court to consider the circumstances and factors that led to the divorce. A felony conviction, especially if it dissipated marital assets or harmed the family, can be a factor skilled to an unequal division favoring the innocent spouse.
Do I need a different lawyer for my divorce and criminal case?
It is highly advisable. While a family law attorney handles the divorce, a separate criminal defense attorney is needed for the underlying felony case. These attorneys should coordinate to ensure strategies align and protect your overall interests.
What if I am currently incarcerated for a felony?
You still have the right to participate in your divorce proceedings. Your attorney can arrange for you to appear via video conference or transport order, file motions on your behalf, and negotiate a settlement agreement that considers your circumstances.
Can I get a divorce while my spouse is in prison for a felony?
Yes. Virginia’s one-year separation requirement is waived if you are filing on the fault ground of felony conviction and imprisonment. You can file immediately after sentencing if the sentence is for more than one year.
For more information, see our Virginia Family Law hub page. We also assist clients in Henrico County and with related matters like criminal defense in Albemarle County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
If you want to see how an Albemarle County case fits into the wider process, our page on felony conviction divorce lawyer Virginia covers it from start to finish.