Felony Conviction Divorce Lawyer Gloucester County, VA

When a spouse has been convicted of a felony and sentenced to confinement for more than one year, Virginia law permits the other spouse to file for divorce on that fault ground. This is a specific, statutorily recognized basis for ending a marriage, distinct from the no-fault separation grounds. In Gloucester County, a divorce complaint invoking the felony-conviction ground is filed in the Gloucester County Circuit Court at 7400 Justice Drive, Room 102, Gloucester, VA 23061. The court’s procedural requirements and equitable-distribution framework apply, and having experienced legal counsel is important. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law in Virginia since 1997, and his Of Counsel team assists clients with fault-based divorce actions throughout Gloucester County. To discuss your situation and learn how we may be able to help, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Last reviewed: July 2026

What Felony Conviction Divorce Means in Gloucester County

Virginia Code § 20-91 lists the fault grounds that authorize a divorce from the bond of matrimony. Among them, the statute specifies that a spouse may obtain a divorce when the other spouse “has been sentenced to confinement for more than one year” following conviction of a felony. The ground becomes available once the conviction and sentence are final, and there is no additional waiting period beyond that required for the court to hear the matter. This distinguishes the felony-conviction ground from no-fault separation, which requires either six months or one year of living apart. In Gloucester County, the Circuit Court has exclusive original jurisdiction over divorce suits, while the Gloucester County Juvenile and Domestic Relations District Court handles related matters such as custody, visitation, support, and protective orders. The courthouse sits at 7400 Justice Drive in Gloucester, Part of the Ninth Judicial District, the court operates under local rules and customs that experienced counsel understands. Law Offices Of SRIS, P.C. represents clients throughout Gloucester, Gloucester Point, and surrounding communities. From our Richmond Location, we work with individuals who need to pursue a divorce based on their spouse’s felony imprisonment.

A divorce on the felony-conviction ground does not require the petitioner to prove separation; the imprisonment itself supplies the fault basis. However, the petitioner must still satisfy Virginia’s residency requirement: at least six months of domicile and residency in the Commonwealth before filing (Va. Code § 20-97). Additionally, all the ordinary elements of a divorce case remain?grounds must be proved, property must be classified and divided equitably under Va. Code § 20-107.3, and if children are involved, custody and support will be determined according to the best interests of the child under § 20-124.3. The felony-conviction ground can affect equitable distribution because fault may be one of the factors the court considers. A knowledgeable family law attorney can help a spouse marshal the evidence, navigate the filing requirements, and protect his or her interests throughout the proceeding.

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

When someone retains Law Offices Of SRIS, P.C. to pursue a divorce on the felony-conviction ground, Mr. Sris and his Of Counsel team begin by confirming that the statutory prerequisites are met. This includes obtaining certified records of the spouse’s conviction and sentence to establish the ground, and verifying that the incarceration exceeds one year as required by Va. Code § 20-91. The team then prepares a Complaint for divorce, alleging the specific fault ground and the requisite jurisdictional facts. Because the Gloucester County Circuit Court has exclusive jurisdiction, all filings must conform to that court’s local practices, including the form of pleadings and the scheduling of hearings.

After the complaint is filed and served, the case proceeds much like any other divorce—discovery may be needed to value marital assets for equitable distribution, and pendente lite relief for temporary support, custody, or use of the family home may be requested. Mr. Sris and his Of Counsel appear at all court conferences and hearings, and they work to resolve property, support, and custody issues through negotiation when possible, or through trial when necessary. Throughout the process, they aim to move the case toward a final decree without unnecessary delay while protecting the client’s rights. The firm’s experience with complex property division, spousal support calculations under Virginia’s statutory factors, and custody determinations in a fault-based context supports our clients. Results may vary.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has built the firm’s family law practice since 1997, handling divorces throughout Virginia, including fault-based actions. As a former prosecutor, he brings a sharp understanding of evidentiary standards and courtroom procedure, which is especially useful when a divorce ground depends on proof of a criminal conviction. His involvement in Virginia family law is further demonstrated by his testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised the state’s equitable distribution statute. That legislative insight informs the firm’s approach to property division in every divorce case, whether fault-based or no-fault.

Mr. Sris is supported by a team of Of Counsel attorneys with backgrounds in family law, litigation, and related fields. The collective experience of Mr. Sris and his Of Counsel allows the firm to handle cases involving documented criminal convictions, asset valuation, pendente lite motions, and contested custody disputes that may arise alongside a fault divorce. We serve Gloucester County clients from our Richmond Location, 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, by appointment. To request a consultation, call (888) 437-7747.

Frequently Asked Questions

Can I get a divorce in Virginia if my spouse is convicted of a felony and sentenced to prison?

Yes, under Virginia Code § 20-91, a spouse’s conviction of a felony and sentence to confinement for more than one year is a ground for divorce from the bond of matrimony. There is no required separation period; you can file as soon as the conviction and sentence are final. The divorce complaint must be filed in the Circuit Court of the county where either spouse resides, and you must meet Virginia’s six-month residency requirement. Proof of the conviction and the length of the sentence is necessary. A family law attorney can help you gather the required documentation and navigate the process.

Does a felony conviction affect how property is divided in a Virginia divorce?

Yes, the circumstances and factors that contributed to the dissolution of the marriage, including a spouse’s felony conviction, are among the considerations the court weighs under Virginia’s equitable distribution statute (Va. Code § 20-107.3). The court may take the fault ground into account when determining a fair division of marital property. Other factors, such as the length of the marriage, each spouse’s contributions, and the needs of any children, also influence the outcome. Because the court has broad discretion, having an attorney present your case effectively is important. Each case is decided on its own facts; Results may vary.

How long does a fault-based divorce take in Gloucester County Circuit Court?

The timeline for a felony-conviction divorce varies depending on whether the case is contested, the complexity of property division, and the court’s calendar. Uncontested cases where both parties agree on all issues may resolve more quickly, typically within a few months of filing. Contested matters with disputes over assets, support, or custody can take longer, often extending beyond a year. The Gloucester County Circuit Court schedules hearings based on its docket. An experienced attorney can give you a better estimate after evaluating the specific circumstances of your case.

Do I need to prove separation if I’m divorcing based on my spouse’s felony conviction?

No, the felony-conviction ground does not require the parties to have lived separately. The ground itself is the incarceration for more than one year following a felony conviction. This is different from a no-fault divorce, which requires either six months or one year of separation depending on whether the parties have minor children and a signed separation agreement. With a fault ground like felony imprisonment, you can proceed without any period of living apart.

Will the incarcerated spouse have any rights in the divorce case?

Yes, an incarcerated spouse retains the right to notice of the divorce proceeding and the opportunity to respond, though practical challenges can arise. The incarcerated spouse must be served with the divorce complaint and given an opportunity to participate, either by filing an answer or by appointing counsel. If the spouse does not respond, the court may grant a default judgment in limited circumstances, but the petitioner must still prove the grounds and the relief requested. Courts are careful to ensure due process. An attorney can help you address service and participation issues properly.

How do I start the divorce process in Gloucester County?

To begin, you should gather documents related to the marriage, the spouse’s felony conviction, and any financial and property information, then consult an attorney to prepare and file a Complaint in the Gloucester County Circuit Court. The attorney will draft the complaint, alleging the felony-conviction ground and stating the jurisdictional facts. After filing, you must arrange for service of process on the incarcerated spouse. The court will schedule an initial hearing, and from there discovery, motions, and possibly trial will follow. To discuss the specifics of your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

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