Felony Conviction Divorce Lawyer Henrico County — Protecting Your Rights
A felony conviction can be grounds for divorce in Virginia under Va. Code § 20-91. If you are facing a divorce after a felony conviction in Henrico County, you need a felony conviction divorce lawyer Henrico County who understands the unique legal and procedural challenges. Law Offices Of SRIS, P.C. has 21 documented case results in Henrico County.
Last verified: April 2026 | Henrico County 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, allows a spouse to file for divorce if the other spouse has been convicted of a felony and sentenced to confinement for more than one year, provided the parties have not cohabited after the conviction. This is a complex area of law where the criminal conviction directly impacts the civil divorce proceeding, affecting issues like equitable distribution and spousal support.
Official Legal Resources
For the full text of Virginia’s divorce statutes, refer to the Virginia Code Title 20, Chapter 6 (official Virginia General Assembly). All divorce filings in Henrico County are handled by the Henrico County Circuit Court.
Handling a Divorce After Felony Case in Henrico County
When a felony conviction is the grounds for divorce, the case proceeds in Henrico County Circuit Court. The filing spouse must provide certified documentation of the conviction and sentence. The court will not grant the divorce if the parties have resumed marital cohabitation after the conviction. A felony conviction divorce lawyer Henrico County can handle this proof requirement and the related financial proceedings.
- Gather certified copies of the felony conviction and sentencing order from the criminal court.
- File a Complaint for Divorce citing felony conviction as the grounds in Henrico County Circuit Court.
- Serve the complaint and supporting conviction documents on the other spouse.
- Address related matters like property division (equitable distribution under Va. Code § 20-107.3) and support.
- Attend the final hearing to present evidence that cohabitation did not resume after the conviction.
- Obtain the final decree of divorce from the court.
In Henrico County, a divorce based on a felony conviction is a fault ground that can influence the court’s decisions on financial matters, though Virginia remains an equitable distribution state.
| Legal Issue | Classification | Key Consideration | Potential Impact |
|---|---|---|---|
| Divorce Grounds | Fault-based (Va. Code § 20-91) | Conviction & sentence >1 year; no cohabitation after | Faster divorce timeline vs. separation |
| Property Division | Equitable Distribution (Va. Code § 20-107.3) | Marital vs. separate property; factors include cause of dissolution | Court may consider fault in dividing assets |
| Spousal Support | Discretionary Award (Va. Code § 20-107.1) | 13 statutory factors, including circumstances skilled to divorce | Convicted spouse’s ability to pay may be limited |
| Child Custody/Support | Best Interests of Child (Va. Code § 20-124.3) | Custody determined separately in J&DR Court; conviction is a factor | Parental fitness evaluation; support follows guidelines |
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 amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving us deep insight into property division cases that often accompany a divorce after felony. We understand how a criminal record intersects with family court proceedings.
Case Results and Client Advocacy
Our firm has 21 documented case results across all practice areas in Henrico County. In family law matters, our team, which includes former prosecutor Mr. Sris, strategically addresses how a felony conviction affects divorce negotiations and court rulings. We work to protect your parental rights and financial interests during this difficult process.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Henrico County Felony Conviction Divorce Lawyer
Our Richmond Location serves clients at Henrico County courts (4301 East Parham Road). We represent clients from Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville (partial).
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
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FAQs: Divorce After a Felony Conviction in Henrico County
Is a felony conviction grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91, a felony conviction with a sentence of more than one year is a fault ground for divorce, provided the spouses have not lived together as husband and wife after the conviction.
How does a felony conviction affect property division in a divorce?
It depends. Virginia is an equitable distribution state. While the court divides marital property fairly based on many factors under Va. Code § 20-107.3, the cause of the marriage’s dissolution, including a felony conviction, can be considered when determining what is “fair.”
Can I get spousal support if my spouse is convicted of a felony?
It depends on the 13 factors in Va. Code § 20-107.1. The circumstances skilled to the divorce, including the felony, are considered. However, the convicted spouse’s ability to pay may be impacted by incarceration or a criminal record, which the court will also evaluate.
How long does a divorce based on felony conviction take in Henrico County?
A contested divorce on fault grounds like a felony conviction typically takes 9-18 months in Henrico County Circuit Court. The timeline depends on the complexity of related issues like property division and whether the conviction is disputed.
Do I need a criminal conviction divorce lawyer Henrico County for this?
Yes. A lawyer experienced in both family law and the interplay with criminal convictions is crucial. They can properly present the conviction evidence, handle related financial disclosures, and protect your rights in what is often a high-conflict divorce.
For more information on family law in Virginia, see our Virginia Family Law hub page. We also assist clients in nearby areas like Chesterfield County and Hanover County. If you have other legal needs, explore our services for criminal defense in Henrico County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.