Felony Conviction Divorce Lawyer Louisa County — How Does a Criminal Record Affect Your Case?
A felony conviction can be grounds for divorce in Louisa County under Virginia law. A felony conviction divorce lawyer Louisa County from Law Offices Of SRIS, P.C. understands how a criminal record impacts custody, support, and property division. We have handled cases at the Louisa County Circuit Court. Call (888) 437-7747 for a 24/7 consultation.
Virginia Law on Divorce After a Felony Conviction
Virginia Code § 20-91 provides specific grounds for divorce, including a felony conviction. Under this statute, you may file for divorce if your spouse has been convicted of a felony and sentenced to confinement for more than one year, provided the conviction occurred after the marriage. The sentence must have been served, or your spouse must be confined at the time of filing. This is a fault-based ground, meaning the court can consider the criminal conduct when making decisions about alimony and the division of marital property. The process is handled in the Louisa County Circuit Court.
Last verified: April 2026 | Louisa County Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, see Va. Code § 20-91 (official Virginia General Assembly). Court forms and filing information are available at the Louisa County Circuit Court website.
Local Court Process for a Felony Conviction Divorce
Filing for divorce on grounds of a felony conviction in Louisa County follows a specific fault-divorce procedure. You must prove the conviction and sentence to the court’s satisfaction. A criminal conviction divorce lawyer Louisa County can help gather certified documentation from the Department of Corrections or the sentencing court. In the Louisa County Circuit Court, fault can influence a judge’s decisions on financial matters.
- Consult with an attorney to review the conviction records and assess your case.
- File a Complaint for Divorce citing felony conviction under Va. Code § 20-91 at the Louisa County Circuit Court Clerk’s Office.
- Serve the divorce papers on your spouse according to Virginia rules.
- Prove the conviction at a hearing, typically using certified documents.
- Address related issues of custody, support, and property division.
- Obtain the Final Decree of Divorce from the judge.
How a Felony Conviction Impacts Your Divorce
In Louisa County, a felony conviction can affect spousal support, property division, and child custody determinations in a divorce.
| Legal Issue | Potential Impact of a Felony Conviction |
|---|---|
| Spousal Support | The convicted spouse’s fault may bar them from receiving support or reduce the amount awarded. |
| Property Division | The court may consider the conviction’s financial impact (e.g., legal fees, loss of income) when dividing marital assets and debts equitably. |
| Child Custody | The conviction is a major factor in the “best interests of the child” analysis, potentially limiting the convicted parent’s custody or visitation. |
| Grounds for Divorce | Establishes a fault ground, eliminating the need for a separation period. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Complex Family Law Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to complex family law matters, including divorces involving criminal records. Mr. Sris, our managing attorney, personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving us deep insight into how fault is weighed in property division.
Case Results and Client Focus
Our firm has a documented record of favorable outcomes in family law cases. While specific counts vary by locality, our firm-wide approach is thorough and client-focused. We understand the unique stigma and practical challenges a felony conviction introduces into divorce proceedings.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation in Louisa 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)201-9009 | Local: (703) 636-5417
By appointment only.
Our Richmond location serves clients with cases in Louisa County. We are accessible via I-64 and Route 33. As a felony conviction divorce lawyer near Louisa County, we offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only. We serve clients in Louisa, Mineral, and Zion Crossroads.
Frequently Asked Questions
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. The conviction must occur after the marriage.
How does a felony conviction affect child custody in Virginia?
It depends. The court must decide custody based on the child’s best interests under Va. Code § 20-124.3. A felony conviction, especially for a violent crime, is a significant factor that will likely restrict the convicted parent’s custody and visitation rights.
Can I get a divorce after a felony conviction if my spouse is still in prison?
Yes. Virginia law allows you to file for divorce while your spouse is confined for a felony conviction. The sentence must be for more than one year. Service of process on an incarcerated spouse follows specific procedures.
Do I need a lawyer for a divorce after a felony conviction?
Yes. Proving the conviction correctly and handling its impact on support, property, and custody requires legal experience. A criminal conviction divorce lawyer Louisa County can ensure proper procedure and advocate for your interests.
How long does a felony conviction divorce take in Louisa County?
It varies. An uncontested case where the convicted spouse agrees may take 2-4 months. A contested divorce involving custody or complex property issues can take 9-18 months or longer in Louisa County Circuit Court.
Related Legal Help in Louisa County
If you are facing criminal charges that could impact your family, see our Louisa County criminal defense lawyer page. For broader family law support, our Virginia family law lawyers can help. We also assist clients in neighboring areas like Henrico County.
Page last verified and updated: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding divorce after a felony conviction.
For the background behind a Louisa County case, our page explains how Virginia handles felony conviction divorce.