Felony Conviction Divorce Lawyer Dinwiddie County, VA
When a spouse is incarcerated on a felony conviction in Virginia, the marriage itself often becomes one of the first areas a person re‑evaluates. Under Virginia law, a felony sentence of more than one year is a fault‑based ground for divorce. Spouses in Dinwiddie County who are navigating this situation need counsel that understands both the statutory grounds and how the Dinwiddie County courts operate. The divorce proceeding itself is handled solely by the Dinwiddie County Circuit Court, while related custody and support matters may also involve the Juvenile and Domestic Relations District Court. Mr. Sris and his Of Counsel team represent clients throughout Dinwiddie County—including Dinwiddie, McKenney, and surrounding communities—in felony‑conviction divorce cases. To request a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747 or call our Richmond location at (804) 201‑9009. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in Dinwiddie County, Virginia
Virginia Code § 20‑91 lists adultery, cruelty, desertion, and—as relevant here—conviction of a felony and confinement for more than one year among the fault grounds for divorce. A spouse who has been sentenced to imprisonment for over a year on a felony charge gives the other spouse the right to seek an absolute divorce without waiting for a lengthy separation period. Because this is a fault ground, the filing spouse does not need to wait a year or six months; the divorce may proceed as soon as the conviction and confinement meet the statutory threshold and the plaintiff satisfies Virginia’s six‑month residency requirement under § 20‑97.
All divorce actions in Virginia are within the exclusive original jurisdiction of the Circuit Court. The Dinwiddie County Circuit Court, sitting at the Dinwiddie Courthouse in Dinwiddie, VA, hears felony‑conviction divorce cases for the county. Matters of child custody, visitation, child support, and protective orders may also be heard in the Dinwiddie County Juvenile and Domestic Relations District Court when they are filed as standalone actions. Because the case involves a spouse in custody, practical issues—service of process, the incarcerated spouse’s ability to participate, and any pendente lite requests for support or custody—require careful procedural attention. Mr. Sris and his Of Counsel are familiar with the local practices of the Eleventh Judicial District and appear regularly in these courts.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
Representing a client in a felony‑conviction divorce begins with confirming that the statutory elements are met: the spouse has been convicted of a felony and is serving a sentence of more than one year. The firm evaluates the timing, the availability of the court record documenting the conviction and sentence, and any corollary issues such as how the incarceration affects equitable distribution, spousal support, and child custody. The lawyer then prepares and files a Complaint for Divorce in the Dinwiddie County Circuit Court, identifying the fault ground under § 20‑91.
Because a spouse in the custody of the Virginia Department of Corrections may not be able to appear in person, the procedural steps differ from a standard divorce. Service of process must be completed through the appropriate method. The court may appoint a Guardian ad Litem for the incarcerated spouse under certain circumstances. Meanwhile, the non‑incarcerated spouse may need pendente lite relief—temporary custody, support, or exclusive use of the marital residence. Mr. Sris and his Of Counsel work to secure those protections early in the case. When the divorce involves property division, Virginia’s equitable distribution statute (§ 20‑107.3) applies, and the court considers the factors set out in the statute. The firm draws on extensive experience with complex financial matters, including retirement assets and business interests, to protect the client’s share of the marital estate.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. Today he serves as Owner and Founder, and he is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised the equitable distribution provisions of the Virginia Code. His Of Counsel team includes attorneys with decades of litigation and family law experience. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, supported by 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
Under Virginia Code § 20‑91, a spouse may file for an absolute divorce on the fault ground that the other spouse has been convicted of a felony and sentenced to confinement for more than one year. This ground does not require a separation period; the divorce can proceed once the conviction and confinement meet the statutory criteria. The case is filed in the Circuit Court where the plaintiff resides or where the defendant is incarcerated.
How does the incarcerated spouse’s inability to appear affect the divorce?
The court proceeds with the case even if the incarcerated spouse cannot appear in person, provided proper service of process has been completed and the statutory grounds are proven. The court may appoint a Guardian ad Litem for the incarcerated spouse to protect procedural fairness. Hearings and trials are scheduled on the court’s calendar, and the non‑incarcerated spouse may be required to present corroborating evidence.
Do I have to wait for a separation period when using the felony conviction ground?
No. The felony‑conviction ground under § 20‑91 is a fault ground and does not require a six‑month or one‑year separation period. The divorce can be granted as soon as the conviction is established and the court finds that the marriage should be dissolved. This distinguishes it from no‑fault divorces that require a waiting period.
How does a felony conviction affect child custody in Dinwiddie County?
Virginia courts decide custody based on the best interests of the child under Va. Code § 20‑124.3, and a parent’s incarceration is a factor the court will consider. The Dinwiddie County Juvenile and Domestic Relations District Court or the Circuit Court—depending on how the custody issue arises—evaluates the relationship between the child and each parent, the ability of the incarcerated parent to maintain contact, and any history of abuse. Custody and visitation arrangements are tailored to the child’s needs.
What property is divided in a felony conviction divorce?
Virginia is an equitable distribution state, not a community property state, so marital property is divided fairly but not necessarily equally. Under Va. Code § 20‑107.3, the court classifies assets as marital or separate, values them, and distributes the marital share after considering factors such as the duration of the marriage, contributions of each spouse, and the circumstances that led to the divorce. The court has broad discretion.
How do I start a felony conviction divorce in Dinwiddie County?
The first step is to consult a family law attorney who can confirm that the felony‑conviction ground applies and prepare the necessary Complaint for Divorce. The case is filed in the Dinwiddie County Circuit Court at the Dinwiddie Courthouse. The attorney will handle service of process, request any needed pendente lite relief, and guide the client through the procedural steps. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
Related Legal Services
Primary Legal Sources
These official resources contain the relevant Virginia statutes and court information: Va. Code § 20‑91 (Grounds for divorce), Va. Code § 20‑107.3 (Equitable distribution), and the Virginia Judicial System website.
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