Felony Conviction Divorce Lawyer Chesterfield County — Protecting Your Rights
A felony conviction can be a fault ground for divorce in Virginia under Va. Code § 20-91, requiring one year of imprisonment. In Chesterfield County, this adds significant complexity to property division, child custody, and support matters. A felony conviction divorce lawyer Chesterfield County from Law Offices Of SRIS, P.C. provides essential defense against these heightened challenges.
Divorce After a Felony Conviction in Virginia
Virginia law explicitly lists a felony conviction as a fault ground for divorce. Under Va. Code § 20-91, a spouse may file for divorce if the other has been convicted of a felony, sentenced to confinement for more than one year, and has been confined after conviction. This is distinct from no-fault separation grounds. The filing occurs in the Circuit Court of the county where you or your spouse resides. A criminal conviction divorce lawyer Chesterfield County understands how prosecutors may attempt to use a criminal record against you in family court proceedings, affecting equitable distribution and parental rights.
Last verified: April 2026 | Chesterfield County Circuit Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 20-91 (official Virginia General Assembly) – Lists felony conviction as a divorce ground.
- Chesterfield County Circuit Court – Official court website for divorce filings.
handling a Chesterfield County Felony Conviction Divorce
The key local procedural fact in Chesterfield County is that the Circuit Court handles all divorce and equitable distribution matters, while the Juvenile and Domestic Relations District Court handles standalone custody and support. A felony conviction introduces a fault element that a spouse can use, potentially impacting the court’s view on issues like the equitable distribution of marital property under Va. Code § 20-107.3 and determinations of child custody in the child’s best interests. The court may consider the nature of the felony, its relation to parental fitness, and the sentence served.
- Consult a felony conviction divorce lawyer immediately to understand how the conviction specifically impacts your case.
- Gather all relevant documents, including the final divorce order, sentencing documents, and any probation terms.
- Prepare for a potential custody evaluation if children are involved, as the court will scrutinize parental fitness.
- Develop a strategy for equitable distribution that addresses any arguments the other side may make based on fault.
- Attend all court hearings and comply with any court orders or probation requirements meticulously.
Potential Impacts of a Felony on Divorce Outcomes
In Chesterfield County, a felony conviction can affect property division, spousal support, and most significantly, child custody and visitation decisions.
| Divorce Issue | Potential Impact of Felony Conviction | Governing Statute |
|---|---|---|
| Grounds for Divorce | Provides a fault ground; no waiting period required if 1-year sentence served. | Va. Code § 20-91(4) |
| Equitable Distribution | Court may consider marital misconduct (like a felony) if it caused the dissipation of marital assets. | Va. Code § 20-107.3(E)(10) |
| Spousal Support | Conduct of the parties is a factor; a felony related to family violence could significantly impact an award. | Va. Code § 20-107.1(E)(1) |
| Child Custody | The felony is a primary factor in the “best interests of the child” analysis, especially if it involves violence, drugs, or moral turpitude. | Va. Code § 20-124.3 |
| Child Visitation | May be restricted or supervised if the felony poses a risk to the child’s safety or well-being. | Va. Code § 20-124.3 |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our firm unique insight into the laws that govern your case. We have a documented record of 15 case results in Chesterfield County across all practice areas. Our approach is direct and focused on protecting your parental and financial rights when a criminal record is a factor.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results in Chesterfield County
Our firm has a documented history of favorable outcomes in Chesterfield County courts. In one case, our team secured a nolle prosequi (dismissal) for a client facing a drug possession charge in Chesterfield General District Court. While every case is unique, this result demonstrates our ability to handle the local legal system effectively.
Results may vary. Prior results do not guarantee a similar outcome.
Felony Conviction Divorce Lawyer Near Chesterfield County
Our Richmond location serves clients in Chesterfield County, including Midlothian, Chester, Colonial Heights, Bon Air, Brandermill, and Moseley. We are accessible via I-95, I-295, Route 1, and Route 10.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
FAQs: Divorce After a Felony Conviction
Can my spouse divorce me because of my felony conviction?
Yes. Under Virginia law (Va. Code § 20-91), a felony conviction with a sentence of more than one year, where you have been confined, is a specific fault ground for divorce.
Will my felony conviction affect child custody in Chesterfield County?
It depends. The court’s sole focus is the child’s best interests under Va. Code § 20-124.3. The nature, timing, and relation of the felony to parenting will be scrutinized. A felony involving violence, child abuse, or drug distribution can severely impact custody and lead to supervised visitation.
How does a felony impact property division in a divorce?
Virginia is an equitable distribution state. Generally, marital misconduct like a felony does not directly affect property division unless it caused a waste or dissipation of marital assets. A skilled criminal conviction divorce lawyer Chesterfield County can argue to limit the impact of the conviction on the financial settlement.
What if my felony conviction was years ago?
The court may still consider it, especially in custody matters. However, evidence of rehabilitation, stable employment, and a clean record since release can mitigate its impact. Presenting this evidence effectively is a key part of your legal strategy.
Do I need a different lawyer for my divorce and past criminal case?
Not necessarily. While a family law attorney handles the divorce, choosing a firm like ours with deep experience in both criminal defense and family law ensures coordinated strategy. Understanding the interplay between the two areas is crucial for your defense.
Related Legal Services in Chesterfield County: If you are facing other legal challenges, our firm also provides representation for criminal defense in Chesterfield County, DUI/DWI charges, and personal injury cases.
More Virginia Family Law Help: For a broader overview of state laws, visit our Virginia family law hub page. We also assist clients in neighboring areas like Henrico County and Colonial Heights.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current guidance regarding your felony conviction divorce in Chesterfield County.