Felony Conviction Divorce Lawyer in Goochland County, Virginia
A felony conviction can be a fault ground for divorce in Virginia under Va. Code § 20-91, requiring imprisonment for one year or more. In Goochland County, this adds significant complexity to property division, child custody, and support matters. Law Offices Of SRIS, P.C. provides strategic representation for individuals handling a divorce after a felony conviction.
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 occurred. This is distinct from a no-fault separation-based divorce. The court at the Goochland County Circuit Court will consider the conviction as a factor when determining equitable distribution of marital property and spousal support under Va. Code § 20-107.3.
Last verified: April 2026 | Goochland County General District Court | Virginia General Assembly
How a Felony Conviction Impacts Your Goochland County Divorce
A felony conviction introduces fault into the divorce proceedings, which the Goochland County Circuit Court judge may consider when making decisions that affect the entire case. This fault can influence the division of assets and debts, potentially resulting in a more favorable distribution for the innocent spouse. It is a critical factor in spousal support determinations, as the court may award support based on the financial need created by the conviction and incarceration. Most significantly, a felony conviction, especially one involving moral turpitude or violence, is heavily weighed in child custody and visitation decisions under the “best interests of the child” standard in Va. Code § 20-124.3.
- Consult with a felony conviction divorce lawyer. Immediate legal advice is crucial to understand how the conviction specifically impacts your divorce, custody, and support rights.
- Gather all legal documents. This includes the felony judgment order, sentencing documents, divorce complaint drafts, and all financial records for marital property.
- File the divorce complaint. Your attorney will file the complaint in Goochland County Circuit Court, citing the felony conviction as a ground and outlining requests for custody, support, and property division.
- handle discovery and negotiations. Your lawyer will handle requests for financial documents and negotiate with the other party, aiming to resolve issues without a trial where possible.
- Prepare for and attend court hearings. This may include pendente lite (temporary) hearings for support and custody, and potentially a final trial if settlement is not reached.
Potential Consequences in a Divorce
In Goochland County, a divorce where a felony conviction is a ground can significantly affect property division, spousal support awards, and most critically, child custody arrangements.
| Legal Issue | Potential Impact of a Felony Conviction |
|---|---|
| Equitable Distribution | The innocent spouse may receive a larger share of marital assets as compensation for the fault. |
| Spousal Support | The convicted spouse’s ability to pay may be limited due to incarceration; the court may order support based on need and the cause of the divorce. |
| Child Custody & Visitation | The conviction is a major factor under the “best interests” test. Supervised visitation or limited custody may be ordered. |
| Parental Rights | In severe cases, a felony conviction can be grounds for termination or restriction of parental rights in separate proceedings. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Divorce After a Felony Conviction
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, possesses a unique background that includes personally amending Virginia’s equitable distribution statute, Va. Code § 20-107.3. This deep legislative insight is invaluable when arguing how a felony conviction should—or should not—affect the financial aspects of your divorce in Goochland County. We understand that a criminal conviction divorce lawyer must handle both family court procedures and the collateral consequences of a criminal record.
Case Results and Client Commitment
While specific results are confidential, our firm has a documented record of favorable outcomes in family law cases. In Goochland County, we have achieved positive resolutions for clients facing difficult divorces. Our approach combines thorough case preparation with assertive advocacy. For instance, Mr. Sris, our managing attorney with a background as a former prosecutor, collaborates with attorneys like Samantha Powers to build strong defense strategies for clients whose divorces are complicated by a criminal record.
Results may vary. Prior results do not aim for a similar outcome.
Felony Conviction Divorce Lawyer Serving Goochland County
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) 423-3205
By appointment only.
Our Richmond location serves clients at the Goochland County courts. We provide 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only. We represent individuals in Goochland, Crozier, and Oilville.
FAQs: Divorce After a Felony Conviction in Goochland County
Is a felony conviction an automatic ground for divorce in Virginia?
Yes, under Va. Code § 20-91, a felony conviction with a sentence of more than one year, where confinement has occurred, is a statutory fault ground for divorce.
How does a felony conviction affect child custody in Virginia?
It depends on the nature of the felony. The court must decide custody based on the child’s best interests under Va. Code § 20-124.3. A violent felony or one involving child endangerment will severely impact custody and likely lead to supervised visitation, while a non-violent financial crime may be weighed differently.
Can I get a divorce if my spouse is in prison for a felony?
Yes. You can file for divorce in Goochland County Circuit Court using the felony conviction as the ground. Service of process can be accomplished at the correctional facility, and the incarcerated spouse has the right to participate in the proceedings.
Will I get more marital property if my spouse has a felony conviction?
It is possible. Virginia is an equitable distribution state. The judge may consider marital fault, including a felony conviction, as one factor when dividing property under Va. Code § 20-107.3, potentially awarding a larger share to the innocent spouse.
What should I look for in a criminal conviction divorce lawyer?
Seek an attorney with specific experience in fault-based divorces and a deep understanding of both Va. Code § 20-91 (divorce grounds) and § 20-107.3 (equitable distribution). They should be familiar with Goochland County Circuit Court procedures and how judges there view felony convictions in family law cases.
For more information, see our Virginia Family Law overview. We also assist clients in nearby jurisdictions like Henrico County and Chesterfield County. If you have other legal needs, consider our Goochland County criminal defense lawyers.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.