Felony Conviction Divorce Lawyer Virginia Beach, VA
Virginia law provides several grounds for divorce, including a fault ground based on a spouse’s felony conviction. Under Virginia Code § 20‑91(3), an absolute divorce may be granted when one spouse has been sentenced to confinement for more than one year for the commission of a felony. If you are a Virginia Beach resident whose spouse has been convicted of a felony and sentenced to imprisonment for more than a year, you may file a divorce complaint on this fault ground without waiting for the standard separation period that applies to no‑fault divorces. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel represent individuals throughout Virginia Beach and the surrounding Hampton Roads area in family law matters, including divorces based on felony conviction. To discuss your situation, reach our firm at (888) 437‑7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What a Felony Conviction Divorce Means in Virginia Beach
Virginia is a mixed divorce state that recognizes both no‑fault and fault grounds. A felony conviction divorce is one of the specified fault grounds, and it is distinct from no‑fault divorce because there is no requirement that the parties live separate and apart before filing. The statute requires that the defendant spouse has been sentenced to confinement for more than one year for a felony offense. The divorce action is filed in the Virginia Beach Circuit Court, which has exclusive jurisdiction over divorce and equitable distribution matters. That court is located at 2425 Nimmo Parkway, Building 10B, Virginia Beach, Virginia 23456. The separate Virginia Beach Juvenile and Domestic Relations District Court handles custody, visitation, and support issues that may be intertwined with the divorce.
Because a felony conviction divorce is a fault‑based ground, the spouse who files the complaint must prove that the other spouse was convicted of a felony and received a sentence of confinement exceeding one year. The conviction itself serves as the factual basis for the divorce and does not require that the parties have been living apart or that a separation agreement exists. However, if the parties also have unresolved custody, support, or property issues, those matters will be addressed by the court in the same proceeding. A felony conviction divorce can proceed more quickly than a no‑fault divorce, but the overall timeline depends on the court’s calendar, the complexity of the marital estate, and whether the spouse files an answer or raises defenses. The firm’s Richmond Location represents clients in Virginia Beach courts and can explain how the local procedural rules apply in a particular case.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
Mr. Sris and his Of Counsel approach felony conviction divorces with an understanding of both the evidentiary requirements for a fault‑based complaint and the broader family law issues that may be involved. The attorney representing the filing spouse gathers the necessary documentation of the conviction and sentence, drafts the complaint, and serves the defendant spouse. If the defendant spouse is incarcerated, service of process may be accomplished through the appropriate penal institution or other means authorized by the court. The legal team also addresses any related custody, child support, and equitable distribution claims, ensuring that the divorce decree addresses all aspects of the marital dissolution.
For the spouse who is named as the defendant in a felony conviction divorce, Mr. Sris and his Of Counsel can evaluate whether the statutory requirements are met, whether any defenses are available, and how the divorce may affect property division and support obligations. The firm’s approach is to resolve matters efficiently while protecting the client’s interests under Virginia’s equitable distribution laws. Every case is fact‑specific, and the firm tailors its strategy to the circumstances of the marriage, the nature of the felony conviction, and the priorities of the client. The team works toward a favorable outcome through negotiation or, when necessary, through trial in the Virginia Beach Circuit Court.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, Owner and Founder. Mr. Sris is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel are experienced attorneys who work alongside him on family law matters. The team does not consist of associates or partners; every non‑Sris attorney serves as Of Counsel, engaged through a professional relationship that allows the firm to deliver a breadth of experience without a traditional partnership structure.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have obtained 4,739+ documented firm-wide results. Results may vary. Together they handle divorce and family law cases across Virginia, with the Richmond Location providing representation for clients in Virginia Beach, Sandbridge, Oceana, and the surrounding communities. The firm maintains a 24‑hour phone line at (888) 437‑7747 for consultations, which are available by appointment.
Frequently Asked Questions
What is the legal basis for a felony conviction divorce in Virginia?
Virginia Code § 20‑91(3) allows an absolute divorce when one spouse has been sentenced to confinement for more than one year for a felony. This is a fault‑based ground that does not require any period of separation before the divorce complaint can be filed. The plaintiff must prove the conviction and sentence, not that the parties have lived apart. The divorce action is brought in the Circuit Court, and other relief — such as custody, support, and property division — can be requested in the same case.
Does the incarcerated spouse have to consent to the divorce?
No, consent is not required for a fault‑based divorce on the ground of felony conviction. The spouse seeking the divorce files a complaint and serves the defendant. If the defendant spouse defaults or fails to file a timely answer, the court may grant the divorce after a hearing. Even if the incarcerated spouse contests the divorce, the court can still grant it if the statutory ground is proved. The defendant’s incarceration may affect practical considerations like service of process and scheduling, but lack of consent does not block the divorce.
How does a felony conviction divorce affect property division and spousal support?
A felony conviction can influence equitable distribution and spousal support because fault is one of the factors Virginia courts may consider. Under Virginia Code § 20‑107.3, the court must divide marital property equitably, not necessarily equally. If the felony conviction involved financial misconduct or conduct that affected the marital estate, that can be a relevant circumstance. For spousal support, a conviction for a felony that involved a criminal act against the spouse can bar an award of support. An experienced attorney can evaluate how the specific facts of the conviction may affect these financial outcomes.
What if the convicted spouse is released before the divorce is final?
Release from confinement after sentence does not invalidate the fault ground once the statutory condition has been met. If the defendant was sentenced to confinement for more than one year for a felony and that sentence was imposed before the divorce complaint was filed, the ground remains available. The subsequent release or parole does not erase the fact that the condition under § 20‑91(3) was satisfied at the time of filing. The court will still consider that conviction a valid ground for divorce.
Can a felony conviction divorce be combined with other grounds?
Yes, a complaint for divorce can plead multiple grounds, including felony conviction and, for example, cruelty or desertion, as long as the facts support each ground. Pleading alternative grounds gives the court flexibility and may strengthen the case. If the evidence for one ground is insufficient, the court can grant the divorce on another ground that is adequately proved. Mr. Sris and his Of Counsel can evaluate whether multiple fault grounds or a combination of fault and no‑fault grounds are appropriate in a specific matter.
How do I start a felony conviction divorce case in Virginia Beach?
You begin by consulting an attorney who can assess the facts and prepare a complaint for filing in the Virginia Beach Circuit Court. The attorney will need a certified copy of the conviction order or sentencing document to prove the ground. After filing, the complaint must be served on the defendant. If the defendant is incarcerated, special service procedures may apply. The court then schedules the case. For personalized guidance on your situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation.
Related practice areas: Family Law Lawyer Fairfax County · Family Law Lawyer Fairfax City · Family Law Lawyer Prince William County · Family Law Lawyer Manassas · Family Law Lawyer Falls Church
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Case results depend on a variety of factors unique to each case.