Felony Conviction Divorce Lawyer Colonial Heights — What Are Your Rights?
A felony conviction can be grounds for divorce in Virginia under Va. Code § 20-91, requiring no waiting period. This adds significant complexity to property division, child custody, and support matters in Colonial Heights Circuit Court. Law Offices Of SRIS, P.C. provides focused legal representation for individuals handling divorce after a felony conviction.
Statutory Grounds for Divorce After a Felony Conviction
Virginia law provides specific fault-based grounds for divorce, including a felony conviction. The relevant statute, Va. Code § 20-91, states that a divorce can be granted when either party has been convicted of a felony, sentenced to confinement for more than one year, and has been confined after such conviction. This is a distinct ground from separation-based no-fault divorce. The Colonial Heights Circuit Court handles all divorce filings, including those based on felony convictions. The court requires proof of the conviction and confinement, typically through certified court documents.
Last verified: April 2026 | Colonial Heights General District Court | Va. Code § 20-91
Official Legal Resources
For the official text of Virginia’s divorce statutes, refer to the Virginia General Assembly website. The Colonial Heights Circuit Court website provides local forms, filing fees, and procedural rules.
Procedural Edge in Colonial Heights Circuit Court
A felony conviction divorce in Colonial Heights involves distinct steps beyond a standard divorce. The filing spouse must prove the conviction and confinement occurred. This often requires obtaining certified records from the Department of Corrections. The convicted spouse’s incarceration can complicate service of process, settlement negotiations, and court appearances. Colonial Heights Circuit Court handles all divorce, equitable distribution, and spousal support matters. Virginia requires at least one corroborating witness for an uncontested divorce hearing; a property settlement agreement (separation agreement) signed by both parties can resolve all issues without trial.
- Gather Documentation: Obtain certified copies of the felony conviction and sentencing order to file with the Complaint for Divorce.
- File the Complaint: File the divorce complaint citing felony conviction grounds at the Colonial Heights Circuit Court Clerk’s Office.
- Serve the Incarcerated Spouse: Arrange for proper service of process, which may involve serving the warden or superintendent of the correctional facility.
- Address Financial & Custody Issues: Litigate or negotiate equitable distribution, spousal support, and child custody, considering the convicted spouse’s incarceration.
- Attend the Final Hearing: Present evidence of the conviction and confinement to the judge to obtain the final divorce decree.
Potential Case Outcomes and Considerations
In Colonial Heights, a divorce based on a felony conviction can significantly impact property division, spousal support, and child custody determinations under Virginia’s equitable distribution and best interest standards.
Results may vary. Prior results do not guarantee a similar outcome.
Firm Authority and Experience
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to complex family law matters. Our firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep, firsthand knowledge of the law governing property division in divorce cases, including those involving a criminal conviction divorce lawyer in Colonial Heights.
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 Colonial Heights
Our firm has achieved documented results in Colonial Heights courts. For example, we have successfully handled cases resulting in dismissals and favorable outcomes in traffic and other matters. In family law, our strategic approach focuses on protecting our clients’ rights and assets during difficult proceedings. Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides critical oversight on complex financial aspects that can arise in divorce after a felony conviction.
Results may vary. Prior results do not guarantee a similar outcome.
Local Representation for Colonial Heights
Our Richmond location serves clients at Colonial Heights courts. We are accessible via I-95, I-295, Route 1, and Route 144 (Temple Avenue). Our felony conviction divorce lawyer near Colonial Heights provides dedicated service to the community.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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.
Felony Conviction Divorce FAQs in Colonial Heights
Is a felony conviction grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91, a felony conviction with a sentence of more than one year and actual confinement is a fault ground for divorce, requiring no separation period.
How does a felony conviction affect child custody in a Colonial Heights divorce?
It depends. The court considers the child’s best interests under Va. Code § 20-124.3. The nature of the felony, its relation to parenting ability, and the convicted parent’s rehabilitation efforts are key factors the Colonial Heights J&DR or Circuit Court will evaluate.
Can I get spousal support if my spouse is incarcerated for a felony?
It depends. Virginia courts consider 13 statutory factors under Va. Code § 20-107.1. The incarcerated spouse’s lack of income is a factor, but the court may also consider the cause of incarceration and the supporting spouse’s needs and ability to pay.
How is property divided in a divorce after a felony conviction?
Virginia is an equitable distribution state under Va. Code § 20-107.3. The court divides marital property fairly, not necessarily 50/50. A felony conviction may be a factor if it dissipated marital assets or otherwise impacted the marital estate.
Do I need a lawyer for a felony conviction divorce in Colonial Heights?
Yes. The procedural details of proving the conviction, serving an incarcerated spouse, and litigating related financial and custody issues make experienced legal counsel from a felony conviction divorce lawyer Colonial Heights essential.
Internal Resources: For more information, see our Virginia Divorce Lawyer hub page. We also assist clients in nearby areas like Chesterfield County and with related legal issues such as Criminal Defense in Colonial Heights.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.