Felony Conviction Divorce Lawyer Colonial Heights — Protecting Your Rights
A felony conviction can be grounds for divorce in Virginia under Va. Code § 20-91, requiring one year of imprisonment. A felony conviction divorce lawyer in Colonial Heights is essential to handle the complex legal and custody implications. Law Offices Of SRIS, P.C. provides full representation for divorce after a felony conviction, handling cases at Colonial Heights Circuit Court. Call (888) 437-7747 for a consultation.
Last verified: April 2026 | Colonial Heights General District Court | Virginia General Assembly
Divorce After a Felony Conviction in Virginia
In Virginia, a felony conviction is a fault-based ground for divorce. The statute, Va. Code § 20-91, requires that the convicted spouse has been sentenced to confinement for more than one year and that at least one year of the sentence has been served. This is distinct from no-fault separation grounds. A criminal conviction divorce lawyer in Colonial Heights understands that this type of divorce can significantly impact related issues like equitable distribution of assets, spousal support, and, most critically, child custody and visitation rights. The court’s perception of a parent’s fitness is central to these determinations.
Official Legal Resources
For the exact statutory language, refer to the Virginia Code § 20-91 (official Virginia General Assembly). All divorce filings for Colonial Heights are processed through the Colonial Heights Circuit Court.
- Consult with a felony conviction divorce lawyer to review your specific situation and the conviction’s details.
- Your attorney will file a Complaint for Divorce in Colonial Heights Circuit Court, citing the felony conviction ground.
- The complaint must be formally served on your spouse, initiating the legal process.
- Your lawyer will work to address custody, support, and property division, often requiring negotiation or litigation.
- The case proceeds to a final hearing where the judge will grant the divorce decree and rule on all ancillary matters.
Potential Consequences in a Divorce
In Colonial Heights, a divorce based on a felony conviction can affect property division, spousal support, and most severely, child custody and visitation rights.
| Legal Issue | Potential Impact of Felony Conviction |
|---|---|
| Child Custody | The court must determine the child’s best interests. A felony, especially involving violence, drugs, or moral turpitude, can severely limit custody or lead to supervised visitation. |
| Equitable Distribution | Virginia law (Va. Code § 20-107.3) requires a fair, not equal, division. Marital misconduct like a felony is not a direct factor, but it can influence the division if it caused economic loss to the family. |
| Spousal Support | The court considers the circumstances skilled to the divorce. A supporting spouse’s felony conviction that broke up the marriage can be a factor against them receiving support. |
| Parenting Time | Visitation schedules may be restricted or require supervision if the court finds it necessary for the child’s safety and welfare. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Case
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our founding attorney, Mr. Sris, personally played a role in amending Virginia’s key equitable distribution statute, Va. Code § 20-107.3, giving us deep insight into the law’s application. We understand that a divorce after a felony lawyer in Colonial Heights must address both the legal procedure and the significant personal stakes involved.
Case Results and Client Focus
Our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. While specific Colonial Heights results are part of our broader practice, this track record reflects our commitment to vigorous representation. In every case, we develop a strategy focused on protecting your parental rights and achieving a stable post-divorce future. Mr. Sris, our firm’s founder and a former prosecutor, provides oversight on complex cases, ensuring a high level of experience is applied to your situation.
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: (804) 977-0097
By appointment only.
Our Richmond location serves clients at the Colonial Heights courts on Boulevard. We are accessible via I-95 and Route 1. We are a felony conviction divorce lawyer near Colonial Heights serving the local community. 24/7 phone consultations are available at (888) 437-7747 — meetings are by appointment only.
Felony Conviction Divorce FAQs in Colonial Heights
Is a felony conviction automatic grounds for divorce in Virginia?
Yes, but with specific conditions. Under Va. Code § 20-91, you can file for divorce if your spouse has been convicted of a felony, sentenced to more than one year, and has served at least one year of that sentence before you file.
Will I definitely lose custody of my children because of a felony?
It depends. The court’s sole focus is the child’s best interests under Va. Code § 20-124.3. A felony conviction is a major factor, but the nature of the crime, its recency, rehabilitation efforts, and the parent-child relationship are all considered. A felony conviction divorce lawyer can present evidence to support your parental fitness.
How does a felony affect property division?
Virginia is an equitable distribution state. A felony is not a direct statutory factor for dividing property under Va. Code § 20-107.3. However, if the criminal conduct resulted in a direct economic loss to the marital estate (e.g., fines, legal fees, loss of income), the court may consider this when making a fair distribution.
Can I get a divorce if my spouse is still in prison for the felony?
Yes. As long as the one-year service requirement is met, you can proceed with the divorce. The incarcerated spouse must still be served with legal papers, and the court will make arrangements for their participation in the proceedings, which may occur remotely or at the correctional facility.
What if the felony conviction happened years ago?
The timing matters. The one-year service requirement is a threshold. However, a very old conviction where the spouse has demonstrated full rehabilitation may have less impact on custody decisions than a recent one. The specific facts are crucial, and a criminal conviction divorce lawyer can argue the relevance to the court.
For more information, see our Virginia Family Law overview. We also assist clients in nearby areas like Chesterfield County and with related legal needs such as Colonial Heights criminal defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.