Felony Conviction Divorce Lawyer James City County — Protecting Your Rights
A felony conviction can be grounds 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 in James City County Circuit Court. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Williamsburg/James City County GDC | Virginia General Assembly
Divorce Based on a Felony Conviction in Virginia
Virginia law provides specific fault-based grounds for divorce, including a felony conviction. Under Va. Code § 20-91, a divorce may be granted if your spouse has been convicted of a felony and sentenced to confinement for one year or more, and you have not cohabited with them after learning of the conviction. This is a distinct legal path separate from a no-fault separation-based divorce. The process is handled by the James City County Circuit Court, located at 5201 Monticello Ave, Suite 4, Williamsburg. A felony conviction divorce lawyer James City County can advise on the evidence required, which typically includes a certified copy of the conviction and sentencing order.
Key Legal Procedures and Considerations
Filing for divorce on the grounds of a felony conviction involves specific procedural steps in James City County. The petition must clearly state this ground and include supporting documentation. The court will consider this fault when making decisions on related issues like spousal support under Va. Code § 20-107.1. It is crucial to understand how a spouse’s incarceration impacts child custody, visitation, and support calculations filed in the Juvenile and Domestic Relations Court.
- Gather certified documentation of the felony conviction and sentencing order.
- File a Complaint for Divorce citing felony conviction grounds at the James City County Circuit Court Clerk’s Office.
- Ensure proper service of process is completed on your incarcerated or non-incarcerated spouse.
- Address related matters like equitable distribution of property and spousal support in your filings.
- Prepare for any necessary hearings, which may be scheduled based on the court’s docket.
- Obtain the final decree of divorce from the court after presenting your case.
Potential Outcomes and Case Strategy
Successfully proving a felony conviction ground can affect the outcome of your divorce. While Virginia is an equitable distribution state (Va. Code § 20-107.3), fault can be a factor in dividing marital property and awarding spousal support. The incarcerated spouse’s ability to earn income is severely limited, which the court will consider. A strategic approach from a criminal conviction divorce lawyer James City County involves a full assessment of assets, debts, and future financial needs.
Law Offices Of SRIS, P.C., founded in 1997, brings extensive experience to complex family law matters. Our firm’s founder, Mr. Sris, personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the state’s family law framework. With over 120 years of combined attorney experience, we approach each case with a focus on the specific challenges presented, including those involving a spouse’s criminal record.
Our team, including Mr. Sris with his background as a former prosecutor and in accounting, is adept at handling the financial intricacies that often accompany divorce after a felony conviction. We have a documented record of case results across Virginia.
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
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients in James City County, including the communities of Williamsburg, Norge, Toano, and Lightfoot. We are accessible via I-64 and other major routes for meetings scheduled by appointment.
Felony Conviction Divorce Lawyer James City County — Frequently Asked Questions
Is a felony conviction automatic grounds for divorce in Virginia?
Yes, but with conditions. Under Va. Code § 20-91, you can file if your spouse was convicted of a felony, sentenced to one year or more of confinement, and you have not lived with them as husband and wife after learning of the conviction.
How does my spouse’s incarceration affect child custody?
It depends on the circumstances and the child’s best interests. Incarceration is a significant factor under Va. Code § 20-124.3. The James City County J&DR Court will consider the nature of the felony, sentence length, and the incarcerated parent’s ability to maintain a relationship and provide care.
Can I get spousal support if my spouse is in prison for a felony?
It depends. The court considers 13 factors under Va. Code § 20-107.1. While an incarcerated spouse has little current income, the court may look at marital property division or future earning potential. A felony conviction divorce lawyer James City County can argue for support based on need and the fault-based ground.
What evidence do I need for a felony conviction divorce?
You need a certified copy of the felony conviction order and the sentencing order showing confinement of one year or more. Your lawyer will file these with the Complaint for Divorce in James City County Circuit Court as proof of the statutory ground.
How long does a divorce based on a felony conviction take?
It varies. An uncontested case may resolve in a few months. A contested divorce involving property or custody issues can take 9-18 months or longer in James City County Circuit Court, depending on the complexity and court schedule.
For legal guidance on divorce after a felony conviction, contact a felony conviction divorce lawyer James City County at Law Offices Of SRIS, P.C. We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only at our Richmond location serving James City County.
Explore related legal services: Virginia Family Law Lawyer | Henrico County Divorce Lawyer | James City County Criminal Defense Lawyer
James City County is one part of a statewide practice, and our page on felony conviction divorce lawyer Virginia covers the process from start to finish.