Felony Conviction Divorce Lawyer Chesapeake, VA

When a spouse has been convicted of a felony and sentenced to more than one year of confinement, Virginia law provides a fault-based ground for divorce under Va. Code § 20-91(3). A felony conviction divorce allows the non-incarcerated spouse to end the marriage without waiting for a separation period, provided the parties have not cohabited after that spouse learned of the confinement. Filing for divorce on this ground in Chesapeake, Virginia, requires navigating the Chesapeake Circuit Court, located at 307 Albemarle Drive, and addressing related matters such as property division, spousal support, and custody in the Chesapeake Juvenile and Domestic Relations District Court. Mr. Sris, a former prosecutor and the Owner and Founder of Law Offices Of SRIS, P.C., understands both the family law and criminal justice aspects these cases present. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Felony Conviction Divorce Means in Chesapeake, Virginia

A divorce based on a spouse’s felony conviction is a fault ground in Virginia. It does not require the one-year or six-month separation period that no-fault divorces need, because the statute treats the incarceration and the breakdown of the marriage as the legal basis for dissolution. To use this ground, the conviction must be for a felony, the sentence must be for confinement of more than one year, and the confinement must have actually occurred. The filing spouse must also show that the parties did not resume cohabitation after he or she learned of the incarceration. Divorce proceedings are filed in the Chesapeake Circuit Court, which has exclusive jurisdiction over all divorce actions in the city.

The court will also address equitable distribution of marital property under Va. Code § 20-107.3, spousal support under § 20-107.1, and, if minor children are involved, custody and child support under the trusted-interests-of-the-child standard. Because one spouse’s incarceration can affect parental availability and financial resources, the court considers those circumstances when making custody and support determinations. Litigating a felony-conviction divorce in Chesapeake requires familiarity with local court procedures. Our Richmond location serves clients in Chesapeake, Deep Creek, Great Bridge, and Greenbrier, and we appear regularly before the Chesapeake Circuit Court and the Juvenile and Domestic Relations District Court.

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

Mr. Sris and his Of Counsel team approach each case by first confirming that the felony-conviction ground is appropriate under Va. Code § 20-91(3). We review the conviction records, sentence details, and the timeline of cohabitation to ensure the statutory requirements are met. In some situations, the no-fault divorce route—requiring a separation period—may be more advantageous, and we discuss that with the client. When the felony-conviction ground is pursued, we prepare a Complaint for divorce, file it with the Chesapeake Circuit Court, and serve the incarcerated spouse in accordance with Virginia rules of civil procedure.

Once filed, the court may address temporary support, custody, and use of the marital residence. Mr. Sris and his Of Counsel work to secure a comprehensive pendente lite order that protects the client’s interests during the case. Equitable distribution of marital property is a key component, and we help identify and value assets, including retirement accounts, real estate, and personal property. Where appropriate, we negotiate a separation agreement resolving all issues, which can simplify the final divorce hearing. The firm’s litigation experience is well-suited to contested matters, and we appear prepared to advocate for a favorable outcome. Results may vary.

About Mr. Sris and His Of Counsel Team

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and practices across Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings insight into how criminal matters intersect with family law, particularly in felony-conviction divorce cases. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He and his Of Counsel team provide extensive combined legal experience to individuals facing divorce in Chesapeake.

Our Of Counsel attorneys collectively offer experience in family law, criminal defense, and civil litigation. The team works collaboratively on each matter, reviewing legal strategy and preparing filings. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

Frequently Asked Questions

Can I file for divorce in Chesapeake if my spouse is incarcerated for a felony?

Yes, you can file for divorce in Chesapeake on the fault ground of felony conviction under Va. Code § 20-91(3), provided the spouse was sentenced to more than one year of confinement and you have not cohabited after learning of the incarceration. The divorce case is filed in the Chesapeake Circuit Court. The ground does not require a separation period, but the statutory requirements must be satisfied. You will need to serve the incarcerated spouse with the Complaint, and the court will then schedule a hearing. Other issues such as property division, spousal support, and child custody will be addressed as part of the case.

What is the difference between a felony-conviction divorce and a no-fault divorce in Virginia?

A felony-conviction divorce is a fault ground that does not require a separation period, while a no-fault divorce requires either a one-year separation or a six-month separation with a written agreement and no minor children. The fault ground can be used immediately if the statutory conditions are met, allowing the divorce to proceed more quickly. A no-fault divorce may be preferable if the parties can agree on all terms and do not wish to litigate fault. An experienced family law attorney can help you determine which route best fits your situation.

Will my spouse’s incarceration affect child custody decisions in Chesapeake?

Yes, the court will consider a parent’s incarceration as a factor when determining child custody under the trusted-interests-of-the-child standard in Va. Code § 20-124.3. The Chesapeake Juvenile and Domestic Relations District Court or Chesapeake Circuit Court will evaluate all ten statutory factors, including the ability of each parent to meet the child’s needs and the nature of the relationship between parent and child. The court may award sole custody to the non-incarcerated parent or establish a plan that accommodates the circumstances, such as supervised visitation during the period of confinement.

How is property divided in a Virginia felony-conviction divorce?

Virginia follows equitable distribution, meaning marital property is divided fairly but not necessarily equally, according to the factors in Va. Code § 20-107.3. The court classifies assets as marital, separate, or hybrid, then distributes them after considering factors such as the duration of the marriage, the contributions of each spouse, and the circumstances that led to the divorce. The fact of a felony conviction may be relevant to the court’s division, particularly if marital funds were used for criminal defense or restitution. We work to ensure a fair valuation and distribution of all property.

Do I need a lawyer for a felony-conviction divorce in Chesapeake?

You are not legally required to hire a lawyer, but an attorney can help you navigate the specific procedural and evidentiary requirements of a fault-based divorce, especially when one spouse is incarcerated. Serving an incarcerated party, obtaining necessary records, and presenting the statutory elements to the court can be complex. Mr. Sris and his Of Counsel team are experienced in family law and familiar with Chesapeake courts. For a consultation, call (888) 437-7747.

Virginia legal resources:
Virginia Code Title 20 (Domestic Relations) |
Virginia Judicial System

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.