Felony Conviction Divorce Lawyer in Chesterfield County, Virginia
A felony conviction is a fault ground for divorce in Virginia under Va. Code § 20-91. If your spouse has been convicted of a felony and sentenced to confinement for one year or more, you may file for divorce immediately. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Chesterfield County General District Court | Virginia General Assembly
Virginia Law on Divorce for Felony Conviction
Virginia law provides specific fault grounds for divorce, including a spouse’s felony conviction. Under Va. Code § 20-91, you can seek a divorce if your spouse has been convicted of a felony and sentenced to confinement for one year or more, provided the conviction occurred after the marriage and before you file for divorce. This is a critical distinction from no-fault separation grounds, as it does not require a waiting period. The felony must be proven by a certified copy of the final order of conviction. A felony conviction divorce lawyer Chesterfield County can help you gather this evidence and file the appropriate pleadings with the Chesterfield County Circuit Court.
Official Legal Resources
For the full text of Virginia’s divorce statutes, refer to the Virginia Code Title 20, Chapter 6. All divorce filings for Chesterfield County are handled by the Chesterfield County Circuit Court.
Procedural Steps for a Felony Conviction Divorce in Chesterfield County
Filing for divorce on the grounds of a felony conviction involves specific procedural steps in Chesterfield County. You must file a Complaint for Divorce in the Circuit Court, alleging the felony conviction as the ground. The certified conviction order must be attached. A criminal conviction divorce lawyer Chesterfield County can ensure proper service of process on your incarcerated or released spouse. The court will schedule a hearing, and if the ground is proven, may grant the divorce without the separation periods required for no-fault cases.
- Consult with a felony conviction divorce lawyer to review the conviction order and case strategy.
- File a Complaint for Divorce with the Chesterfield County Circuit Court Clerk’s Office, attaching the certified conviction.
- Ensure proper legal service of the divorce papers on your spouse, which may involve service to a correctional facility.
- Prepare for and attend the evidentiary hearing to prove the felony conviction ground to the judge.
- Address ancillary issues like property division, spousal support, and child custody in the final decree.
Potential Implications and Case Strategy
While a felony conviction can expedite the divorce itself, it also impacts related matters. The convicted spouse’s incarceration can affect custody determinations, their ability to pay support, and the division of marital assets. A strategic approach with a felony conviction divorce lawyer Chesterfield County is essential to protect your interests in these ancillary proceedings.
Case Results and Firm Authority
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm’s attorneys combine over 120 years of legal experience. We have a documented record of favorable outcomes in family law matters. Mr. Sris personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating a significant understanding of Virginia family law at the legislative level.
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)201-9009 | Local: (703) 636-5417
By appointment only.
Our Richmond location serves clients in Chesterfield County, including the communities of Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, and Moseley. We are accessible via I-95, I-295, and Route 360. We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Felony Conviction Divorce FAQs for Chesterfield County
Can I get a divorce in Virginia if my spouse is in prison for a felony?
Yes. A felony conviction with a sentence of one year or more is a fault ground for divorce under Va. Code § 20-91(A)(i). You can file immediately; no separation period is required.
What proof do I need for a felony conviction divorce?
You must provide the Chesterfield County Circuit Court with a certified copy of the final order of conviction. This document proves the felony and the sentence. A criminal conviction divorce lawyer Chesterfield County can help you obtain this from the court where the conviction occurred.
How does a spouse’s felony conviction affect child custody?
It depends. The court’s primary concern is the child’s best interests under Va. Code § 20-124.3. A felony conviction, especially for a violent crime, is a significant factor the judge will consider when determining custody, visitation, and supervision requirements.
Can I get spousal support if my spouse is incarcerated for a felony?
It depends. The court considers 13 factors under Va. Code § 20-107.1. While an incarcerated spouse may have no current income, the court may impute income or order support from other assets. Future earning potential upon release is also considered.
Where do I file for divorce in Chesterfield County?
All divorces, including those based on felony conviction, are filed with the Chesterfield County Circuit Court located at 9500 Courthouse Road, Chesterfield, VA 23832. The filing fee for a divorce complaint is approximately $86.
For more information, see our Virginia Family Law hub page. We also assist clients in nearby localities like Henrico County and Colonial Heights. If you are facing other legal issues, consider our Chesterfield County criminal defense lawyers.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.