Felony Conviction Divorce Lawyer Goochland County, VA
Your spouse was sentenced to prison for a felony, and now you are facing a divorce you never expected. You may be wondering whether the conviction itself changes anything—whether you can file immediately, whether the court will consider it when dividing property or deciding support, and how to move forward while your spouse is incarcerated. In Virginia, a felony conviction with a prison sentence of more than one year is a fault‑based ground for divorce. It can eliminate the waiting period that otherwise applies to no‑fault separations, and it can influence how the Goochland County Circuit Court approaches equitable distribution and spousal support. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. represent individuals in Goochland County whose spouse’s felony conviction has made divorce the next step. To discuss your situation, reach our Richmond location at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How a Felony Conviction Changes the Divorce Landscape in Goochland County
Virginia Code § 20‑91 lists several fault grounds for divorce, and among them is a spouse’s conviction and confinement for a felony. When the ground is met, the person seeking the divorce does not need to wait through the usual one‑year separation period required for a no‑fault divorce. Instead, a complaint may be filed as soon as the spouse has been sentenced to confinement for more than one year for a felony—and the divorce can proceed while the spouse remains incarcerated. This is a distinct procedural advantage for the person who wants to sever the marital tie without delay.
Under Virginia law, a spouse’s confinement for more than one year following a felony conviction constitutes a fault ground that allows a divorce to be filed without a separation waiting period.
Source: Va. Code § 20‑91(A)(3). Virginia Code § 20‑91
Reviewed by Mr. Sris, admitted in VA, MD, DC, NJ, NY.
Because the Goochland County Circuit Court has exclusive original jurisdiction over divorce actions, the complaint is filed at the courthouse at 2938 River Road West, Building G, Goochland, Virginia. The Juvenile and Domestic Relations District Court handles standalone custody, support, and protective‑order matters, but the divorce itself—including property division and spousal support—is resolved in Circuit Court. Knowing which court handles which piece of the picture is essential, and we help clients keep the proceedings moving forward efficiently.
Strategy Options When Your Spouse Is Incarcerated
When a spouse is serving a felony sentence, the person filing for divorce may have several strategic paths. The fault‑based ground can be straightforward if the conviction is documented and the confinement has occurred. However, if there are also no‑fault grounds available—for instance, if the parties have already been separated for the required period—the client can choose the ground that best serves their overall goals. In some situations, it may be advantageous to proceed on a no‑fault basis if the fault allegation would complicate settlement discussions or the incarcerated spouse’s cooperation. Mr. Sris and his Of Counsel review the available grounds and recommend the approach that aligns with the client’s objectives, whether that means moving quickly on a fault ground or building a record under an alternative track.
Service of process on an incarcerated spouse must follow the rules for serving someone in a correctional facility. The court will require proof that the incarcerated spouse received the complaint. Our firm handles the logistics and coordinates with the facility to ensure valid service. If the incarcerated spouse refuses to participate, we can request that the court move forward based on the evidence presented—including the certificate of conviction and the sentencing order—so that the divorce is not stalled indefinitely.
What to Expect When Filing for Divorce Based on a Felony Conviction
Filing a complaint in Goochland County Circuit Court starts the process. The complaint sets out the ground relied upon and identifies the issues to be resolved: equitable distribution of marital property, spousal support, and, if there are minor children, custody and child support. Because fault grounds can be relevant to property division and support, the felony conviction may be presented to the court as part of the equities argument. Virginia is an equitable distribution state, meaning the court divides marital property based on what is fair, not necessarily equal. The court considers statutory factors including the circumstances that contributed to the dissolution of the marriage. A spouse’s felony conviction that led to long‑term confinement is relevant to that analysis.
The timeline for resolving a case depends on the complexity of the marital estate, whether custody or support is contested, and the court’s calendar. Cases in which the incarcerated spouse does not participate may resolve more quickly, but the court still requires corroboration for the ground of divorce. Mr. Sris and his Of Counsel prepare the necessary evidence—typically including the judgment of conviction and the commitment order—and present a corroborating witness, as Virginia law requires, so the court has a sufficient record to grant the divorce.
The Impact of a Felony Conviction on Property Division and Support
Under Virginia Code § 20‑107.3, the court must classify, value, and distribute marital property equitably. The statutory factors include the duration of the marriage, the contributions of each party, the grounds for divorce, and other considerations. When one spouse’s criminal conduct and resulting incarceration have harmed the marital finances—through legal fees, lost income, or dissipation of assets—the court may take that into account when dividing the marital estate. Similarly, spousal support determinations under § 20‑107.1 consider fault and the respective needs and abilities of the parties. The incarcerated spouse’s earning capacity is typically limited, which can affect support orders. An experienced family law attorney can present these facts in the light most favorable to the client’s position.
If the incarcerated spouse was the primary earner and assets such as retirement accounts or business interests are at stake, a forensic accountant or business valuator may be engaged to prepare the financial picture. Our firm works with qualified professionals when necessary to ensure the court has an accurate valuation of the marital estate.
About Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing family law in Virginia since 1997. He is admitted 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). His thorough knowledge of Virginia divorce law and his experience with fault‑based grounds make him a resource for individuals facing divorce after a spouse’s felony conviction. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions About Felony Conviction Divorce in Goochland County
Can I get a divorce immediately if my spouse is in prison?
Yes, Virginia law permits you to file for divorce on the fault ground of a spouse’s felony conviction and confinement for more than one year without waiting through a separation period. You do not need to wait until the spouse is released. The complaint can be filed as soon as the sentencing and confinement have occurred, and the divorce can proceed while the spouse remains incarcerated. The Goochland County Circuit Court will require proof of the conviction and confinement, typically through court records.
Do I have to prove the conviction in court?
You must present evidence of the felony conviction and sentence to the Goochland County Circuit Court. Usually, a certified copy of the judgment of conviction and the commitment order will suffice. Virginia law also requires the testimony of at least one corroborating witness to support the ground for divorce. Our firm gathers the necessary documentation and arranges for the corroborating testimony so the court has a proper record to grant the divorce.
How does a felony conviction affect child custody in Virginia?
A parent’s felony conviction and incarceration are relevant factors in a custody determination, but custody is always decided based on the child’s best interests. The court will consider the incarcerated parent’s ability to maintain a relationship with the child, the length of the sentence, and any history of abuse or neglect. Custody and visitation matters are heard in the Goochland County Juvenile and Domestic Relations District Court when they are raised outside the divorce, or within the Circuit Court if they are part of the divorce action. The outcome depends on the specific facts of the case.
Will I receive more of the marital property because my spouse’s felony led to the divorce?
The court may weigh the felony conviction as a factor in equitable distribution, but there is no automatic formula that awards a larger share to the non‑incarcerated spouse. Under Va. Code § 20‑107.3, the court considers the circumstances that contributed to the dissolution of the marriage. The conviction and its financial impact on the family are part of that analysis. However, property division is based on what is equitable overall, not as a punishment for the conviction.
Do I need a lawyer if my spouse agrees to the divorce?
Even if your spouse agrees, a divorce involving a felony conviction ground involves procedural requirements and evidentiary standards that are most effectively handled by an experienced attorney. The court will not grant the divorce on the fault ground without corroborating evidence and at least one witness. Mistakes in the complaint or service of process can delay the proceeding. Legal guidance helps ensure the divorce is processed correctly and that your rights concerning property and support are protected.
How do I start the divorce process in Goochland County?
The first step is filing a complaint for divorce in the Goochland County Circuit Court, located at 2938 River Road West, Building G, Goochland, VA 23063. The complaint must state the ground for divorce—in this case, the spouse’s felony conviction and confinement—and identify the relief sought. Service of process must then be completed on the incarcerated spouse. To discuss your specific situation and begin preparing the filing, contact Law Offices Of SRIS, P.C. at (888) 437‑7747. Consultations are by appointment.
What if the incarcerated spouse refuses to sign anything?
If the incarcerated spouse refuses to participate, the divorce can still proceed. The court may treat the case as uncontested on the record if the proof is sufficient and the procedural requirements are met. Evidence of the conviction and the required corroborating witness allow the court to make findings and enter a decree even when the defendant does not respond. Our firm handles the procedural steps to move the case forward under those circumstances.
Can I get spousal support while my spouse is in prison?
Spousal support may be awarded, but the incarcerated spouse’s ability to pay is limited. The court will consider the factors in Va. Code § 20‑107.1, including the financial resources of each party and the standard of living during the marriage. Because the incarcerated spouse typically has little or no income, support orders may be modest or deferred. In some cases, a pendente lite support order can be sought early in the case while the divorce is pending. The outcome depends on the specific financial facts.
Speak With a Divorce Lawyer About Your Situation
Every divorce involving a spouse’s felony conviction presents unique issues. Whether you need to move quickly on a fault ground, negotiate a settlement with an incarcerated spouse, or protect your financial interests while your spouse remains confined, Mr. Sris and his Of Counsel can guide you. For a consultation, reach our Richmond location at (888) 437‑7747. Law Offices Of SRIS, P.C. represents clients in Goochland County, Virginia, and across the Commonwealth. We are available by appointment.
For a broader statutory analysis of Virginia divorce grounds, visit our comprehensive guide.
Outbound primary‑source authority: Virginia Code § 20‑91 · Goochland County Circuit Court · Virginia Courts
Law Offices Of SRIS, P.C.
Richmond Location
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
(888) 437‑7747
By appointment only.
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