Felony Conviction Divorce Lawyer in Dinwiddie County, Virginia
A felony conviction can be used as a fault ground for divorce in Virginia under Va. Code § 20-91, requiring one year of imprisonment. In Dinwiddie County, this adds significant complexity to property division and custody. A felony conviction divorce lawyer from Law Offices Of SRIS, P.C. provides essential defense. We have handled 30 documented case results in Dinwiddie County.
Virginia Law on Divorce After a Felony Conviction
Virginia law provides specific fault grounds for divorce, including a felony conviction. Under Va. Code § 20-91, a spouse may file for divorce if the other spouse has been convicted of a felony and sentenced to confinement for more than one year, provided the confinement has actually begun. This is distinct from no-fault grounds based on separation. The statute requires the conviction to be final and the sentence to be served, not suspended. The filing spouse must prove the conviction and sentence in Dinwiddie County Circuit Court.
Last verified: April 2026 | Dinwiddie County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s divorce statutes, see Va. Code Title 20, Chapter 6 (official Virginia General Assembly). For local court procedures, visit the Dinwiddie County General District Court website.
Handling a Felony Conviction Divorce Case in Dinwiddie County
When a felony conviction is cited as grounds for divorce, the case proceeds in Dinwiddie County Circuit Court. The convicted spouse faces an uphill battle on fault, but strategic defense focuses on minimizing its impact on equitable distribution and child custody under Va. Code § 20-107.3 and § 20-124.3. The court’s primary concern in custody matters remains the child’s best interests, which a conviction can negatively influence.
- Case Evaluation: Immediately consult with a felony conviction divorce lawyer to assess the conviction’s impact on fault, asset division, and custody.
- Gather Documentation: Collect all court documents related to the felony conviction, sentencing, and any proof of rehabilitation or compliance.
- File Responsive Pleadings: Your attorney will file an answer in Dinwiddie County Circuit Court, potentially contesting the grounds or seeking to limit the fault finding.
- Negotiate Settlement: Work to reach a property settlement and parenting agreement that protects your interests, as a trial on fault grounds can be damaging.
- Prepare for Hearing/Trial: If settlement fails, prepare to present evidence on why the conviction should not dictate unfair financial or custody outcomes.
Potential Consequences in a Divorce
In Dinwiddie County, a felony conviction used as divorce grounds can affect fault determination, which may influence spousal support and the division of marital assets, though Virginia remains an equitable distribution state.
| Case Aspect | Potential Impact of Felony Conviction |
|---|---|
| Fault Determination | Court may grant divorce on fault grounds to the other spouse. |
| Equitable Distribution | Conviction is not a direct factor under Va. Code § 20-107.3, but conduct affecting marital finances may be considered. |
| Spousal Support | Fault, including a felony conviction, is a factor under Va. Code § 20-107.1 and can reduce or bar support for the at-fault spouse. |
| Child Custody | The conviction is evaluated under the child’s best interests (Va. Code § 20-124.3), potentially restricting custody or visitation. |
| Parenting Time | Court may order supervised visitation or impose conditions to ensure child safety. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Dinwiddie County 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, is a former prosecutor who personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving us unique insight into the legislative intent behind the laws that will govern your case. We understand how a criminal conviction divorce lawyer in Dinwiddie County must build a defense that isolates the criminal issue from the financial and parental aspects of the divorce.
Case Results and Client Advocacy
Our firm has a documented record of 30 case results in Dinwiddie County across all practice areas. While every case is unique, our approach in felony conviction divorce cases is to vigorously defend our client’s parental and financial rights, challenging the opposing party’s attempt to use the conviction for undue advantage. Mr. Sris, our managing attorney, provides oversight on all complex family law matters, ensuring each case benefits from our firm’s deep institutional knowledge.
Results may vary. Prior results do not aim for a similar outcome.
Local Legal Support for Dinwiddie County Residents
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 at the Dinwiddie County courts (Dinwiddie Courthouse). We are accessible via I-85, Route 1, and Route 460. If you need a felony conviction divorce lawyer near Dinwiddie or McKenney, we offer 24/7 phone consultations at (888) 437-7747. Meetings are held by appointment only.
Felony Conviction Divorce FAQs for Dinwiddie County
Can a felony conviction affect child custody in Virginia?
Yes. Under Va. Code § 20-124.3, a felony conviction is a factor in determining the child’s best interests. The Dinwiddie County court will consider the nature of the crime, its relation to parenting, and evidence of rehabilitation when making custody and visitation decisions.
How long after a felony conviction can a spouse file for divorce in Virginia?
It depends. The spouse can file once the convicted spouse has begun serving a sentence of more than one year. There is no additional waiting period beyond the start of confinement. The case will be filed in Dinwiddie County Circuit Court.
Does a felony conviction aim for the other spouse gets more property?
No. Virginia is an equitable distribution state. A felony conviction is not a direct factor for dividing property under Va. Code § 20-107.3. However, if the criminal conduct dissipated marital assets, the court may consider that when making a fair division.
Can I get spousal support if my spouse divorces me for a felony?
It depends. Fault, including a felony conviction, is a statutory factor under Va. Code § 20-107.1. Being the at-fault spouse may reduce or eliminate your right to receive spousal support, depending on the full circumstances argued in Dinwiddie County Circuit Court.
Should I get a divorce after felony lawyer in Dinwiddie County?
Yes. A criminal conviction divorce lawyer is critical. The stakes in fault-based divorces are high for custody, support, and asset division. An experienced attorney can defend against the fault allegation and protect your rights in Dinwiddie County Circuit Court.
For more information, see our Virginia Family Law overview. We also assist with criminal defense in Dinwiddie County and family law in Chesterfield County.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.