Felony Conviction Divorce Lawyer Prince George County — Protecting Your Rights
A felony conviction can be grounds for divorce in Virginia under Va. Code § 20-91, requiring a spouse to be sentenced to confinement for one year or more. This adds significant complexity to an already difficult process. As a felony conviction divorce lawyer Prince George County, Law Offices Of SRIS, P.C.
Last verified: April 2026 | Prince George County General District Court | Virginia General Assembly
Virginia Law on Divorce After a Felony Conviction
Virginia law provides specific fault-based grounds for divorce, including a spouse’s felony conviction. Under Va. Code § 20-91, you may file for divorce if your spouse has been convicted of a felony and sentenced to confinement for one year or more, provided the cohabitation between you and your spouse has not resumed after the conviction. This is distinct from no-fault grounds based on separation. The case is filed in the Circuit Court where you or your spouse resides. For Prince George County residents, this is the Prince George County Circuit Court located at 6601 Courts Drive. You can find more information on the Prince George County courts website.
Founded in 1997, our firm brings deep experience to these sensitive cases. Mr. Sris, our managing attorney and a former prosecutor, personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving us unique insight into how courts handle complex marital estates, which is often a key issue in divorces involving a criminal conviction.
- Consult with a felony conviction divorce lawyer Prince George County to review the conviction judgment and sentence details.
- File a Complaint for Divorce in Prince George County Circuit Court, citing the felony conviction as grounds under Va. Code § 20-91.
- Serve the divorce papers on your incarcerated or formerly incarcerated spouse according to Virginia procedural rules.
- Address related issues like equitable distribution of assets, spousal support, and child custody in your filings or through negotiation.
- Attend any necessary hearings, which may be scheduled around incarceration or involve special arrangements for a spouse in custody.
- Obtain the final decree of divorce from the Circuit Court judge.
Potential Consequences in a Divorce
In Prince George County, a divorce based on a felony conviction can significantly impact child custody decisions, spousal support, and the division of marital assets.
| Legal Issue | Potential Impact of Felony Conviction |
|---|---|
| Child Custody & Visitation | The court’s primary concern is the child’s best interest under Va. Code § 20-124.3. A felony conviction, especially for a violent or drug-related crime, is a major factor that can limit custody or require supervised visitation. |
| Equitable Distribution | Virginia divides marital property fairly under Va. Code § 20-107.3. A conviction generally does not directly alter the division, but dissipation of assets on legal fees or fines may be considered. |
| Spousal Support | Under Va. Code § 20-107.1, a spouse’s misconduct, including a felony conviction that harmed the marriage, can be a factor in awarding or modifying support. |
| Grounds for Divorce | The conviction itself provides the fault ground, potentially allowing for a faster divorce than waiting through a separation period. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Complex Family Law Matters
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to every case. Our deep familiarity with Virginia family law is underscored by Mr. Sris’s personal work amending the state’s equitable distribution statute. We understand that a divorce after a felony lawyer Prince George County case involves handling both family court procedures and the collateral consequences of a criminal record. Our approach is direct and focused on protecting your parental rights and financial interests during this challenging time.
Case Results and Client Advocacy
Our firm has a documented record of handling complex family law matters. In Prince George County, we have secured favorable outcomes for clients facing difficult circumstances. While every case is unique, our team, including Mr. Sris with his prosecutor background and statutory amendment experience, works diligently to advocate for our clients’ positions regarding custody, support, and asset division.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Prince George County Family Law Office
Our Richmond location serves clients in Prince George County and the Hopewell area. We are accessible via I-295, Route 10, and Route 36.
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.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only. Seeking a felony conviction divorce lawyer Prince George County near you? Contact us today.
FAQs: Divorce After a Felony Conviction in Prince George County
Is a felony conviction grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91, a felony conviction where the spouse is sentenced to confinement for one year or more is a specific fault ground for divorce, provided cohabitation has not resumed after the conviction.
How does a felony conviction affect child custody in Virginia?
It is a major factor. Prince George County courts prioritize the child’s best interest under Va. Code § 20-124.3. A felony conviction, particularly for crimes involving violence, drugs, or moral turpitude, can lead to restricted custody or supervised visitation to ensure the child’s safety and well-being.
Can I get a divorce if my spouse is in prison for a felony?
Yes. You can file for divorce citing the felony conviction as grounds. The incarcerated spouse must be properly served with the divorce papers, which may involve service on the prison warden. The court will then proceed with the case, potentially holding hearings via video or at the correctional facility.
Does a felony conviction impact the division of property?
Not directly. Virginia is an equitable distribution state (Va. Code § 20-107.3), meaning marital property is divided fairly. However, if marital funds were dissipated on legal fees, fines, or restitution related to the crime, the court may consider this when making its division.
What if the felony conviction happened years ago?
It can still be grounds. The key under the statute is the sentence of one year or more. There is no specific time limit stated in the law, but you must file in the correct Circuit Court and be able to prove the conviction and sentence with official documents.
For more information on family law in Virginia, see our Virginia Family Law hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. If you are facing other legal issues, explore our services for Criminal Defense in Prince George County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.