Felony Conviction Divorce Lawyer James City County, VA

Your spouse was convicted of a felony and will spend more than a year in prison. The marriage has broken down, and you are ready to move forward with your life. You may wonder whether you must wait through a lengthy separation before you can obtain a divorce. In James City County, Virginia, a spouse’s felony conviction carrying a sentence of confinement of more than one year is a recognized fault ground for absolute divorce under Va. Code § 20-91(3). Unlike a no‑fault divorce—which requires a six‑month or one‑year separation—a divorce based on a felony conviction does not have a waiting period. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. represent clients in James City County who are seeking to end a marriage on this ground. Our Richmond location serves individuals throughout the Williamsburg area, including Norge, Toano, and Lightfoot. Contact us at (888) 437-7747 to schedule a consultation.
Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What a Felony Conviction Divorce Means in James City County

Virginia law allows an absolute divorce when one spouse has been convicted of a felony and sentenced to confinement for more than one year. This fault ground exists alongside adultery, cruelty, and desertion under Va. Code § 20-91. The conviction must be final, and the sentence must be one of incarceration—probation alone does not qualify, nor does a misdemeanor sentence. The ground can be used even if the spouse is no longer physically incarcerated but received a sentence exceeding one year.

In James City County, the divorce case is filed in the James City County Circuit Court, located at 5201 Monticello Avenue, Suite 4, Williamsburg, Virginia 23188. The Circuit Court has exclusive jurisdiction over the dissolution of the marriage and over the division of marital property under Virginia’s equitable distribution statute. If issues of child custody, visitation, or child support need to be resolved, those matters may be addressed in the same case or in the James City County Juvenile and Domestic Relations District Court. Because the ground is a fault‑based ground, no separation period is required, and the plaintiff’s testimony supported by certified records of the conviction is usually sufficient to prove the ground. The court’s primary focus then turns to the equitable division of assets and to any parenting arrangements that serve the best interests of the children.

How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases

Mr. Sris and his Of Counsel begin each matter with a careful review of the criminal conviction records. We obtain certified copies of the conviction order and sentence from the court where the felony case was heard. This documentation establishes the ground for divorce without the need for a corroborating witness to testify about the offense. If the incarcerated spouse cannot be served through ordinary means, we coordinate service of process through the warden or the appropriate correctional facility, whether the spouse is held in Virginia or in another state.

After the complaint is filed, the court may enter pendente lite orders to address temporary custody, child support, and spousal support while the case proceeds. Even though the divorce itself is grounded in a felony conviction, the division of marital property remains subject to the equitable distribution factors set out in Va. Code § 20-107.3. Mr. Sris’s background as a former prosecutor gives him practical familiarity with how criminal court records are prepared, which helps streamline the process of proving the conviction. He and his Of Counsel work toward a final decree that dissolves the marriage and, when possible, resolves all related financial and parenting issues without prolonged litigation.

About Mr. Sris and His Of Counsel Team

Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C., practicing since 1997. A former prosecutor, 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 statute used in Virginia divorce cases. His Of Counsel team brings over 120 years of combined legal experience. Results may vary. Mr. Sris and his Of Counsel have documented over 4,739 case results across all practice areas since 1997.

Verify admissions: Virginia State Bar • Maryland Judiciary • DC Bar • NJ Courts • NY OCA

Frequently Asked Questions About Felony Conviction Divorce in James City County

What conviction qualifies as a felony for a Virginia divorce?

A felony for divorce purposes is any crime for which the sentence is confinement of more than one year, regardless of the actual time served. The conviction must be final and the sentence must be one of imprisonment—probation or a suspended sentence alone does not meet the requirement. Misdemeanor convictions, including serious ones, do not qualify. The ground applies whether the felony was committed in Virginia or in another state, as long as it would be recognized as a felony under Virginia law. Reach our location at (888) 437-7747 to discuss whether your spouse’s conviction meets the statutory standard.

Do I need to wait before filing for a felony conviction divorce?

No, there is no mandatory waiting period for a divorce based on a spouse’s felony conviction. Unlike a no‑fault divorce, which requires living separate and apart for six months or a year, a fault‑ground divorce under Va. Code § 20-91(3) can be filed as soon as the conviction is final and the sentence is known. This allows you to move forward with dissolving the marriage without enduring the separation period that no‑fault cases require. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How does a felony conviction affect child custody in James City County?

A parent’s incarceration is one factor the court considers among the ten best‑interest factors under Va. Code § 20-124.3. The fact of imprisonment does not automatically strip a parent of custody or visitation rights, but it may affect the physical custody arrangement and the terms of any parenting time. The James City County Juvenile and Domestic Relations District Court can enter custody and support orders during the divorce proceeding. The court’s paramount concern remains the safety and well‑being of the child. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What if my spouse is incarcerated out of state?

The out‑of‑state incarceration of a spouse does not prevent you from obtaining a divorce on the ground of felony conviction. As long as the conviction is final and the sentence exceeds one year, the ground applies regardless of where the spouse is held. Service of process will need to be made on the incarcerated spouse according to the laws of the state where the prison is located, which our firm’s Of Counsel handle as part of the case. The Virginia equitable distribution rules still govern the division of marital property located in Virginia. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

How does property division work when one spouse is in prison?

Virginia is an equitable distribution state, not a community property state. The James City County Circuit Court will classify assets as marital or separate and then divide marital property equitably based on the factors listed in Va. Code § 20-107.3. A spouse’s incarceration may be relevant to several of those factors, including the contributions of each party to the family, any dissipation of assets, and the circumstances contributing to the dissolution of the marriage. Our firm works to present a complete financial picture so the court can make a fair determination.

Do I need a lawyer for a felony conviction divorce?

You are not legally required to hire a lawyer, but the procedural and evidentiary steps involved in a fault‑ground divorce are complex. Proving the conviction, effecting service on an incarcerated spouse, and addressing equitable distribution and custody require careful attention to Virginia procedural rules. An experienced family law attorney can help you avoid delays and ensure your interests are protected. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Case results depend on a variety of factors unique to each case.